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...
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...
Landmark Case for Counterfeit Goods Infringement in China13 April 2016
In a recent landmark decision, the newly-established Beijing Intellectual Property Court awarded record statutory damages in favour of a luxury outwear maker against a domestic apparel company. Edward Chatterton explains.
Fallout from the 'Reasonable Certainty' Standard for Indefiniteness06 January 2016
Well-established law provided that a claim was only invalid on indefiniteness grounds pursuant to 35 U.S.C. § 112, second paragraph, if it was not “amenable to construction” or “insolubly ambiguous.” Exxon Research & Eng’g Co. v. United States, 265 F...
China’s IP Courts Celebrate One Year16 December 2015
It has been a year since China established its three national IP courts. In September, the Supreme Court of China published a collection of 14 key cases from the year. Lily Zhang has chosen three of the cases and spoken to the litigators involved.
Exclusive License Patentee Receiving No Royalties Found to Have No Standing in Patent Infringement C...06 January 2016
Patentees must receive royalties to sue for infringement.
Asia’s Cases of the Year18 November 2015
In preparation for the annual Asia IP Awards in Okinawa next month, the staff at Asia IP has reviewed hundreds of cases submitted by law firms around the region. Lily Zhang and Johnny Chan share some of the best.
Indonesia: Nakamichi Evens the Score Against Infringers24 November 2015
Andy Najanurdin manufactures and trades in fabrics using the Nakamichi brand throughout Indonesia. In 2004, he registered the mark NAKAMICHI under IDM000068148 for goods in Class 24. He has built his reputation over the years by maintaining the excel...
AIPPI: Is mandatory mediation good for IP?15 October 2015
Mandatory mediation is an opportunity for the parties to communicate.