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 […]
Publications
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 […]
The Untold Story: Unspoken Local Ghosts Exhibition – A Catalyst for Creative and Economic Growth
Thailand’s Creative Economy Agency (CEA) has launched an innovative exhibition titled “The Untold Story: Unspoken Local Ghosts” at TCDC Bangkok, located in the Central Post Office Building. Running until 22nd November 2024, this exhibition is open to the public and aims to inspire creators to use Thailand’s rich tradition of ghost stories and folklore as […]
Vietnam’s First Criminal Prosecution for Illegal Streaming Sets New Precedent in IP Law Enforcement
A landmark decision was issued on 19 April 2024 as Vietnam’s People’s Court of Hanoi found an accused guilty of illegally broadcasting through BestBuy IPTV service football matches of the English Premier League. It was the first time in Vietnam that a case was filed in criminal court for Copyright Under the Criminal Law – […]
SINGAPORE: IPOS Examiner Rejects Registration of Scientific Abbreviation
The Intellectual Property Office of Singapore (IPOS) has refused to register a scientific abbreviation as a trademark even though the applicant was the first to discover the substance. In the matter of a trademark application by BioMedical Research Group Inc. & Anor. ([2024] SGIPOS 3), BioMedical Research Group Inc. and Macrophi Inc. sought to register the mark in […]
Singapore: IPOS launches free deferment of patent prosecution as pilot initiative
In response to the growing interests of applicants in having more time to decide how best to prosecute their Singapore patent applications in alignment with their global patenting strategies and IP commercialization developments, the Intellectual Property Office of Singapore (IPOS) has launched a pilot initiative to allow eligible applicants to defer the filings of request […]