Amendments to Singapore’s Health Products (Therapeutic Products) Regulations (the TPR) came into force on August 1, 2024, relating to patent linkage. By way of background, the patent linkage regime in Singapore under the TPR before the amendments came into effect on August 1, 2024, requires an applicant for product registration and marketing approval of a […]
A guide to safeguard industrial designs in India
An industrial design recognizes new creation and original features of new shapes, configuration, surface patterns, ornamentation and composition of lines or colours applied to articles which, in the finished state, appeal to and are judged solely by the eye. A new and innovative design makes a product aesthetically attractive, appealing, or desirable, and increases product’s […]
An Amazon discovery
This recent Intellectual Property Office of Singapore decision delved into the registrability of an AMAZON-formative mark sought to be registered by a Singapore-incorporated company. Background Survivalverse Pte Ltd (the applicant) is a Singapore-incorporated company that principally develops videogames and software, which applied to register the mark (the application mark) in Classes 9 and 41, to be […]
Indonesia Courts Issues Landmark Decision Affecting Non-Use Period of Trademarks
The Constitutional Court of Indonesia issued a landmark decision on 30 July 2024. The case involved a micro, small and medium enterprise (MSME) owner of the HDCVI and Logo trade mark, facing a lawsuit for the deletion of his trade mark on the basis that it had not been used for three (3) consecutive years. […]
India- High Court reminds the Indian Patent Office to issue reasoned decisions/orders
In Regeneron Pharmaceuticals v Controller of Patents and Designs ((T)CMA(PT) No.191 of 2023), the Madras High Court set-aside an order passed by the Indian Patent Office (‘IPO’) on the grounds of lack of sufficient reasoning and absence of a speaking order.. Consequently, the matter was remanded back to the IPO for consideration afresh. Background: The […]
THAILAND: What Reclassifying Cannabis Means for Trademark Registration
The anticipated reclassification of cannabis as a narcotic in Thailand is not expected to affect the two-year-old relaxation of the historical ban on trademarks featuring cannabis leaf designs or names associated with cannabis. In 2018, Thailand legalized cannabis for medicinal and industrial purposes, challenging its traditionally stringent drug laws. In 2022, the Thai Food and […]
Positive Developments in Vietnam’s IP Appeal Process
Vietnam’s intellectual property (IP) landscape is witnessing significant improvements, particularly in the appeal process for IP decisions. Recent regulatory changes and the establishment of new departments aim to streamline and expedite the resolution of appeals, which have historically been lengthy and cumbersome. 1. Establishment of the Inspection and Appeal Department On 1st July 2024, the […]
Novartis v. Natco Pharma Limited – Patent Examination and Opposition proceedings under the Patents Act are ‘Parallel but Independent’, says Delhi High Court
In the case of Novartis Ag v. Natco Pharma Limited & Anr., a Division Bench of the Delhi High Court (in LPA 50/2023,) clarified that the process of substantive examination of a patent application and a pre-grant opposition proceeding are two separate and independent processes/proceedings, and that the opponent has no right to intervene in […]
India- High Court remands matter back to the Patent Office owing to lacunae in assessment of inventive step
The Madras High Court, in a ruling concerning an appeal filed by Hendrickson USA (producers of heavy-duty suspension systems), remanded their patent application for an invention entitled the “Axle Mount for Heavy-Duty Vehicle Brake System Components”, back to the Patent Office. The Court determined that the Patent Office had not sufficiently evaluated the “technical advancement” […]
Protecting Ideas by Universities: A Guide to Patent Filing in India
Since the enactment of the Bayh-Dole Act in 1980, many countries have favoured patenting by universities over patenting by funders or inventors. Patent filings by universities have surged in India as well in the recent past, thanks to exponential growth in research & development (R&D) activities. This calls for a revisiting of the issue from […]