Determination of Purely Functional Features for Design in Taiwan13 September 2016
A design patent application is subject to substantive examination in Taiwan. Putting it differently, after the design patent application has entered the examination stage, the Taiwan Intellectual Property Office (TIPO) conducts the examinations on th...
Mandatory Recordal of IP License Agreements in Indonesia19 August 2016
The Ministry of Law and Human Rights (MoLHR) of Indonesia recently issued regulations outlining the procedure for recordal of IP license agreements in Indonesia.
Trade Secret and Patent Protection in China19 August 2016
A trade secret is defined as technical information and operational information which is unknown to the public, which may bring economic benefits to the owner of rights, which has practical applicability and for which the owner of rights has taken mea...
The Impact of Economic Policies on IP Infrastructure19 August 2016
On June 23, 2016, the British government voted to leave the European Union (EU). Separately, on February 4, 2016, Malaysia signed the Trans-Pacific Partnership Agreement (TPPA) together with 11 other countries in Auckland. On a regional level, ASEAN...
Move Over! There is Only One Yahoo! In Philippines19 May 2016
On November 5, 2015, the Securities and Exchange Commission (SEC) En Banc reversed the ruling of the SEC Office of the General Counsel (OGC) in a dispute involving a registered mark and various infringing corporate names.
The Case of the Trademarks Registry and the Abandoned Trademarks19 May 2016
The curious case of India's abandoned trademark applications.
Beware the Product-by-Process Claim19 May 2016
Product-by-Process (hereinafter PBP) claims define a product by its method of production. Ex Parte Painter, 57 O.G. 999 (Comm’r Pat. 1891). At its inception, PBP claims were only permitted where the claimed product “resist[ed] definition by other tha...
Philippine Supreme Court Axes Field Testing of GMO Eggplant12 May 2016
The Supreme Court of the Philippines ruled against conducting field trials of genetically modified eggplant or BT Talong (talong is the Tagalog word for eggplant) as a precautionary measure to protect human health and environment and promote people’s...
Drafting the Best Functional Technical Features in China12 May 2016
When drafting claims of a patent application for an invention, functional technical features are often inevitable or irreplaceable, especially when the invention is partly or completely implemented by computer programs. How to best protect an inventi...
The Artist’s Right to Remuneration – Droit de Suite12 May 2016
What is droit de suite, and how can artists benefit from it?
The Duty of Candor and Good Faith Dealing Not Limited to Disclosing Prior Art12 May 2016
Anyone sufficiently involved with the prosecution of a patent application has a “duty of candor and good faith dealing with the [USPTO], which includes a duty to disclose to the Office all information known to that individual to be material to patent...
Update: Myanmar Trademark Practice13 April 2016
With significant changes in the political landscape of Myanmar (also known as Burma), there are similar expectations for corresponding changes in the economic and business practices as well.
Delhi High Court Grants Rs10 Million as Damages Against e-commerce Website13 April 2016
Highest damages granted in a trademark suit in India to date.
Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries13 April 2016
Nobel laureate Frank Wilczek said, “If you don’t make mistakes, you’re not working on hard enough problems. And that’s a big mistake.” Because inventions often address difficult problems on the forefront of technology, some mistakes are inevitable. F...