Section
IP Analysts
Towards a more equitable copyright system
29 February 2024For the second time, the Supreme Court of the Philippines has urged the Philippines Congress and the Intellectual Property Office of the Philippines (IPOPHL) to amend RA 8293 or the Intellectual Property Code of the Philippines (IP Code), to allow th...
Classical trinity of passing off analyzed
31 January 2024The Intellectual Property Office of Singapore (IPOS) decision in ZERODENSITY YAZILIM ANONIM SIRKETI v. Novel Brands USA LLC clarifies the law of passing off in Singapore and discusses the “classical trinity” test in establishing passing off.
The Scheme of the Patents Act and Rules obligates the Hearing Officer to pass orders within a reason...
31 January 2024In a slew of matters, the Delhi High Court (DHC) emphasized the need to adhere to the principle of natural justice. So far, the cases which have been decided and remanded back to the Indian Patent Office (IPO) by court were based on non-reasoned orde...
Unitary effect and European validations in view of national prior rights
31 January 2024It has now been over six months since the doors of the Unified Patent Court (UPC) opened, bringing numerous changes for European patent applicants and recent patentees.
Does a forged deed of assignment confer rights?
01 January 2024A forged deed of assignment, even if registered with the relevant government office, does not confer rights to the assignee due to lack of consent of the copyright owner, as held by the Philippine Supreme Court in the case of M.Y. Intercontinental Tr...
Stages of trademark registration in Rospatent and their features
01 January 2024In accordance with Paragraph 1 of Article 1492 of the Civil Code of the Russian Federation, an application for state registration of a trademark is submitted to the federal executive authority for intellectual property (hereinafter referred to as Ros...
MENAP: case law in IP procedures
13 December 2023The United States Patent and Trademark Office (USPTO) is the world’s oldest patent office, established in 1790. It is no wonder, then, that after more than two centuries of practice, it has valuable guidelines in place for its examiners.
Clarity in scope of remedies in claim of breach of confidence: Amber Compounding Pharmacy Pte Ltd an...
30 November 2023This Singapore High Court decision arose from the preliminary determination of an issue in law – specifically, whether the plaintiffs were entitled to simultaneously claim for both wrongful gain interest and wrongful loss interest. The defendants pre...
Method of diagnosis and patentability in India
30 November 2023The Chinese University of Hong Kong and Sequenom, Inc. (the appellants) filed an appeal on October 12, 2023, with the High Court of Madras, praying the court to set aside the order dated March 31, 2021, passed by the respondent (the Indian Patent Off...
Get Set Go – Is India ready for the implementation of new data privacy legislation?
30 November 2023We are living in a Digital Age. Whether we are shopping online or accessing our social media accounts, we are always leaving a footprint behind, that is, our digitized personal data.
Revisiting trademark prosecution strategies in light of new guidance regarding the suspension of tra...
31 October 2023On June 13, 2023, the China National Intellectual Property Administration (NIPA) published a notice explaining its new internal working guideline, which specifies situations where the NIPA examiners should or may temporarily suspend the examination o...
The ins and outs of IP licensing
31 October 2023Registering your trademarks, patents and other key intellectual property assets is essential for ensuring the legal protection of your ideas – but it can also be critical to your financial bottom line. For some organizations, establishing IP rights a...
The adverse effect of adverbs in patent specifications
31 October 2023Do you know that there are certain words (adverbs in particular) or phrases that can alter the meaning of a term when used in the context of patent claims? In certain cases, the use of these normal-looking adverbs/terms can severely limit, or even ha...
Dr. Who Water Works Pte Ltd and others v Dr. Who (M) Sdn Bhd and others
31 October 2023When IP disputes arise, it is important for the disputing parties to honour settlement agreements. Breaching a settlement agreement may bring about liability under IP law frameworks.
Quo Vadis, cannabis patents?
28 September 2023About 60 countries around the world permit the use of medical marijuana, and a few allow its use for recreational purposes. In 2022, Thailand decriminalized the use of cannabis, but recreational use remains illegal. Possession, cultivation, distribut...