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MENAP: case law in IP procedures

The 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...

This 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

The 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?

We 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...

On 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

Registering 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

Do 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

When 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?

About 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...

Russia: Free use of patents

Two authors who do not know each other can create similar but creatively independent intellectual property objects. In copyright law, this situation is called “parallel creativity”.

India: The perils of not naming the correct inventors

When an invention is created by the joint efforts of many persons, all of them qualify to be named as inventors in the patent application. What happens if one is left off?

Tiger Pictures Entertainment Ltd v. Encore Films Pte Ltd: An expedited process in the interest of ju...

Generative AI and fair use/fair dealing

Generative artificial intelligence (AI) has emerged as a powerful tool for creating and manipulating digital content, be it text, images or music, simultaneously spotlighting the scope of copyright law, particularly fair use.

ASEAN: Emerging trends in Southeast Asia’s autonomous vehicle patent landscape

While there has been an unprecedented interest in Southeast Asia as a patent filing destination, the autonomous vehicle technology patent landscape in the region remains nascent.

India: Extent of estoppel in an infringement suit against a cited mark

The Battle of Zeniths: A Single Judge Bench has ruled that the marks of Zenith Dance Institute had been infringed by those of the defendant, Zenith Dancing and Music.