Lack of proper reasoning in patent decisions by the Indian Patent Office (‘IPO') has been a cause for grave concern. In Dolby International AB (‘Dolby’ and/or the ‘Applicant’) v. The Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 10/2021 and I.A. 13552/2021], the Delhi High Court was faced with a similar predicament, and took the opportunity […]
Publications
SINGAPORE: Opposition Fails Due to Lack of Evidence of Bad Faith
This decision, which was published on January 26, 2023, shows that to cross the high threshold of proving a claim in bad faith, an opponent must properly substantiate its arguments. Chuan Hong Seng Pte Ltd (applicant) is a company involved in the importation, distribution, and wholesaling of food products. Yap Fei Fei (opponent) was the […]
India- In a landmark ruling, the Delhi High Court clarifies the permissibility of Patent claim amendments
In what can be considered a watershed moment, the High Court of Delhi in Allergan Inc. v. The Controller of Patents, 2023/DHC/515, quashed and set aside an order of the latter (in which the Controller had refused to allow the amendments to the claims which the Appellant had sought), and remanded the matter back to […]
India- Simplicity of an invention should not deter the grant of a Patent
Novelty and inventive step are the essential requirements for the grant of a patent . In an interesting development, the High Court of Delhi, in Avery Dennison Corporation v. Controller of Patents and Designs, CA. 29/2021, has reiterated that the simplicity of an invention should not deter the grant of a patent. Factual matrix: An […]
SINGAPORE: Visual Similarity Wins High Court Judgment for Twitter
This decision from the High Court in Singapore, issued on November 23, 2022, illustrates the delicate balance a tribunal must undertake when assessing the similarity between two device marks. The High Court in Singapore set out the proper approach to understanding and applying the concepts of distinctiveness, and visual and conceptual similarity. VV Technology appealed […]
Overview of Thai PDPC’s Notification and Guidelines on Data Breaches
The Notification on the Criteria and Procedures for Handling Personal Data Breaches (the "Notification") was issued by the Personal Data Protection Committee (“PDPC”) of Thailand and enacted on December 15, 2022. The notification included a breach assessment guideline and breach notification version 1.0 for data controllers and data processors to assess the level of risk […]
Swatch AG v. Apple Inc.
This decision serves as a reminder that when opposing a trademark on bad faith, opponents and their lawyers should remain disciplined in crafting pleadings and submissions. Swatch opposed the registration of the word mark “THINK DIFFERENT” (application mark), which Apple applied for on September 12, 2018, in Class 9, alleging that Apple applied for the […]
Indonesia - Launch of Automatic Approval of Trademark Renewal
The Automatic Approval for Trademark Renewal (“POP Merek”) was launched by the Directorate General of Intellectual Property (DGIP) on 30 October 2022. POP Merek simplifies the renewal process of trademark, and renewal applications meeting the formality requirements can expect to receive approval and renewal certificates within ten (10) minutes, as opposed to two (2) to […]
SINGAPORE: No Use Crying Over Spilled Milk
This decision recaps and applies the case law surrounding the marks-similarity enquiry. A2 filed a consolidated opposition against Nestlé’s trademarks (Trademark Application No. 40201926155W) and (Trademark Application No. 40201907176S) (collectively, the Application Marks), relying on A2’s own registered trademarks for . A2 unsuccessfully argued that a likelihood of confusion would arise between A2’s trademarks and the Application Marks, […]
Philippines - Revision in Patent Rules
The Intellectual Property Office of the Philippines (IPOPHL) issued a Memorandum Circular No. 2022-016 on “Revised Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs of 2022” (IRR’2022) which took effect from 20 September 2022. A summary of the relevant amendments to the Rules and Regulations on patents are highlighted as follows. 1. […]