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IP Analysts

The Artist’s Right to Remuneration – Droit de Suite

The Artist’s Right to Remuneration – Droit de Suite

12 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 Art

The Duty of Candor and Good Faith Dealing Not Limited to Disclosing Prior Art

12 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 Practice

Update: Myanmar Trademark Practice

13 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 Website

Delhi High Court Grants Rs10 Million as Damages Against e-commerce Website

13 April 2016

Highest damages granted in a trademark suit in India to date.

Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries

Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries

13 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...

ASPEC Enhances Access to ASEAN

ASPEC Enhances Access to ASEAN

07 March 2016

According to statistics, the ASEAN region is the third-largest market and the third-fastest growing region in the world after China and India from 2000 to 2013, with a real gross domestic product (GDP) growth of 5.1%.

Brief Introduction to Application of Doctrine of Estoppel in China

Brief Introduction to Application of Doctrine of Estoppel in China

07 March 2016

Under the doctrine of estoppel (DOE), a patentee may not recapture in patent litigation what was abandoned through either amendment or observation during prosecution or patent invalidation proceedings.

Success Story Turns Bleak for Compulsory License: A Report

Success Story Turns Bleak for Compulsory License: A Report

07 March 2016

What are the compulsory license proceedings of Lee Pharma for saxagliptin?

The Importance of Filing a Patent Owner’s Preliminary Response in an Inter Partes Review

The Importance of Filing a Patent Owner’s Preliminary Response in an Inter Partes Review

07 March 2016

It can be a jarring experience for any US patent owner. One day, out of the clear blue sky, a Petition for Inter Partes Review (IPR) arrives on your desk alleging that at least one of your patent claims is invalid as being anticipated or obvious over...

Mandatory Non-extendable Deadlines in Thailand

Mandatory Non-extendable Deadlines in Thailand

06 January 2016

In July 2015, the Department of Intellectual Property (DIP) of Thailand imposed non-extendable deadlines relating to the prosecution and registration of intellectual property rights.

Defining Patent Utility: Potential of a Patent or Commercial Viability of the Patented Product?

Defining Patent Utility: Potential of a Patent or Commercial Viability of the Patented Product?

06 January 2016

How much utility is sufficient to satisfy patent law requirements?

Different Rights, Different Causes of Action

Different Rights, Different Causes of Action

06 January 2016

Malaysia's Federal Court recently, in the case between the National Sports Council (NSC) and Mesuma Sports Sdn Bhd (Mesuma), clarified the position as regards the requisites needed in determining the common law ownership rights in source identifiers.

Exclusive License Patentee Receiving No Royalties Found to Have No Standing in Patent Infringement Case

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.

Fallout from the 'Reasonable Certainty' Standard for Indefiniteness

Fallout from the 'Reasonable Certainty' Standard for Indefiniteness

06 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...

Understanding Patent Abandonment Rules in Indonesia

Understanding Patent Abandonment Rules in Indonesia

16 December 2015

When a patent owner desires to abandon a patent, usually they simply do so by non-action, i.e. by stopping payment of the annuity fees. However, the same may not be true in Indonesia, and this has now become one of the most debated subjects among IP...