No Break Given to Nestlé in Kit Kat Shape Mark Appeal06 January 2017
A Kit Kat bar, with its two-finger and four-finger breakable wafer coated with chocolate, is surely one of the most famously-shaped food items that one could enjoy at a local store almost anywhere around the world to 'have a break' - as the product's...
Is San Francisco’s Sugar-sweetened Beverage Rule Watering Down First Amendment Rights?06 January 2017
San Francisco’s ordinance targeting added sugar has the potential to leave a bad taste in the mouths of beverage makers and other product advertisers across the nation after a federal judge in California upheld a particularly onerous labeling mandate...
Synergies of Artificial Intelligence, the Internet of Things and Intellectual Property06 January 2017
Should we be concerned about the increasing amount of data on the 'net?
The Swiss Don’t Miss in Malaysian Dispute14 December 2016
The apex court of Malaysia - the Federal Court - recently provided its grounds of judgment in Chocosuisse Union Des Fabricants Suisses De Chocolat, Kaft Food Schweiz AG and Nestle Suisse SA v. Maestro Swiss Chocolate Sdn. Bhd.
Sufficient Disclosure Issue in China14 December 2016
Sufficient disclosure of an invention is required under the Patent Law of China. According to Article 26, Clause 3 of the law, “the description shall set forth the invention or the utility model in a manner sufficiently clear and complete so as to en...
Significant Changes to Indonesian Patent System19 October 2016
An important piece of new Indonesian patent legislation, Law No. 13 of 2016, came into effect on August 26, 2016, replacing the old patent law, No. 14 of 2001.
Damages in Trademark Infringement Cases: A Case Study of the Yahoo v. Sanja Patel Case19 October 2016
With the Indian legislature and judiciary realizing the increasingly important need to safeguard and protect the intellectual property assets of a company...
New Directions from the Malaysian Patent Office19 October 2016
The Malaysian Intellectual Property office (MyIPO) has recently issued three new practice directions.
Post-Grant Amendments from Methods of Treatment to Swiss-Style Claims in Singapore15 September 2016
The Own Name Defence is Often no Defence at All13 September 2016
In The Audience Motivation Company Asia Pte Ltd v. AMC Live Group China (S) Pte Ltd, the Singapore Court of Appeal, in a ruling dated April 21, 2016, found in favour of the appellant, thus overturning a decision by the High Court which had dismissed...
Influence of Amendments Under Article 33 for Stability of Patent Rights13 September 2016
Under the provision of Article 33 of the Patent Law of China, an applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention or utility model may not go beyond the scope of disclosure conta...
Determination of Purely Functional Features for Design in Taiwan13 September 2016
A design patent application is subject to substantive examination in Taiwan. Putting it differently, after the design patent application has entered the examination stage, the Taiwan Intellectual Property Office (TIPO) conducts the examinations on th...
Mandatory Recordal of IP License Agreements in Indonesia19 August 2016
The Ministry of Law and Human Rights (MoLHR) of Indonesia recently issued regulations outlining the procedure for recordal of IP license agreements in Indonesia.
Trade Secret and Patent Protection in China19 August 2016
A trade secret is defined as technical information and operational information which is unknown to the public, which may bring economic benefits to the owner of rights, which has practical applicability and for which the owner of rights has taken mea...