Section

IP Analysts

Sociedad Anonima Damm v Hijos De Rivera, S.A. [2022] SGIPOS 6

Sociedad Anonima Damm v Hijos De Rivera, S.A. [2022] SGIPOS 6

05 September 2022

The Applicant, Hijos de Rivera, S.A. and the Opponent, Sociedad Anonima Damm are beer producers based in Spain. Both parties co-exist in Spain, Europe and UK, but as they grew beyond those territories they began to get embroiled in disputes.

Free trade? Not so much?

Free trade? Not so much?

05 September 2022

India is one of the largest consumers and producers of black tea in the world with the states of Assam, West Bengal, Tamil Nadu and Kerala leading the brigade. Darjeeling tea was one of the first few success stories in India, which has not just recei...

Looking Beyond The Novelty Lines

Looking Beyond The Novelty Lines

05 September 2022

Inventions already in the public domain are not patentable. Novelty or anticipation are determined with reference to the statement of the claim of the patent application and they are likely to be tested during the entire life span of 20 years of a pa...

English Translation: A Must!

English Translation: A Must!

05 September 2022

There is no disputing the advantages of the Patent Cooperation Treaty (PCT) system which, as of April 2022, has 156 member countries. Not only is the applicant able to defer national phase application costs but is given time to assess the strength of...

Strategizing brand protection and management to augment company value

Strategizing brand protection and management to augment company value

30 August 2022

Without a proper trademark strategy, a company may become vulnerable to unnecessary challenges, including lawsuits around the company’s valuable IP assets. Madhu Rewari explains how building a strong brand protection and management strategy has a dir...

On amendment to a Markush claim during patent invalidation proceedings

On amendment to a Markush claim during patent invalidation proceedings

29 August 2022

Alternate standfirst: China’s patent examination guidelines provide specific principles for amending a Markush claim during invalidation proceedings. The history of Markush claims in China, and the two prevailing theories in the interpretation of suc...

Thailand’s first judgment to test ecommerce platform liability for IP infringement

Thailand’s first judgment to test ecommerce platform liability for IP infringement

16 August 2022

With the growth of technology and internet use, consumers are increasingly shifting toward online shopping. Ecommerce platforms have created useful and practical online transactions for products across borders.

Twitter, Inc. v. V V Technology Pte Ltd [2022] SGIPOS 4

Twitter, Inc. v. V V Technology Pte Ltd [2022] SGIPOS 4

15 August 2022

A recent decision shows the importance of consumer perception of economic linkages to the likelihood of confusion inquiry.

The potential of a pre-grant opposition

The potential of a pre-grant opposition

15 August 2022

The scheme of the Indian Patents Act allows a patent application or patent to be opposed at two levels before the patent office: first at the pre-grant stage by “Any person” and second at the post-grant stage by “Any person interested”.

Notification of crop species in Indian Plant Variety Act: Recent developments

Notification of crop species in Indian Plant Variety Act: Recent developments

15 August 2022

The Protection of Plant Varieties and Farmers’ Rights, 2001 (the PVP Act) is a sui-generis system providing intellectual property rights on the plant varieties developed, in compliance with Article 27(3)(b) of the Trade-Related Aspects of Intellectua...

Medical use claims in ASEAN countries

Medical use claims in ASEAN countries

13 July 2022

A method of treatment of human or animal body is either considered a non-patentable subject matter or not capable of industrial application in ASEAN countries. However, some ASEAN countries allow amendments of method of treatment claims to medical us...

Plurality of distinct inventions: Distinct practices of India, Europe and the United States in the field of biotechnology

Plurality of distinct inventions: Distinct practices of India, Europe and the United States in the f...

13 July 2022

Practitioners in the field of intellectual property – and more specifically in patents – are aware that patent protection is awarded to inventor(s) or applicant(s) only for a single invention or a group of closely related inventions in a patent appli...

ASCI guidelines for advertising and promotion of virtual digital assets and services

ASCI guidelines for advertising and promotion of virtual digital assets and services

24 June 2022

A lack of structural framework for regulation of virtual digital assets, such as NFTs and cryptocurrencies, and the advertisement of such in India, has resulted in ambiguous and opaque advertisements.

The Protection of Traditional Knowledge Bill, 2022

The Protection of Traditional Knowledge Bill, 2022

30 April 2022

India is a goldmine of traditional knowledge which, put in simple words, is ancient wisdom handed down from generation to generation, and organically imbued in one’s daily life. Every time we sit cross-legged while eating for better digestion, s...

Daimler AG v. Vivo Mobile Communication Co., Ltd.

Daimler AG v. Vivo Mobile Communication Co., Ltd.

30 April 2022

The case concerns an opposition in Singapore by Daimler AG (the opponent) to a trademark application by Viva Mobile Communication Co. (the applicant) to register (the application mark). The opponent had opposed the application on two grounds: namely,...

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