The Ministry of Law and Human Rights (MoLHR) of Indonesia recently issued regulations outlining the procedure for recordal of IP license agreements in Indonesia. It should be noted that while the regulations were recently issued, the law requiring recordal of license agreements has been in place since 2000 (industrial designs), 2001 (trademarks and patents) and […]
Publications
Singapore Trademark Cases: Honest Concurrent Use of Marks
A previously unreported decision of the Principal Assistant Registrar (PAR) from October 2015 has provided guidance to brand owners on two points. First, it assists in providing the threshold of what amounts to “honest concurrent use” in Singapore. Secondly, it establishes that once the applicant manages to prove honest concurrent use, the Registrar shall not […]
Singapore Mirandah cases, Trademark cases: USPA Scores a Win in Polo Case
The High Court of Singapore has clarified the factors to be taken into account in the determination of likelihood of confusion, while adopting a rather novel approach to the consumer perception factor in a decision involving a trademark application for eyewear. Polo/Lauren Co LP v. United States Polo Association [2016] SGHC 32, Mar. 8, 2016. […]
Singapore Trademark Infringement cases -The Own Name Defence is Often no Defence at All
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 the appellant’s (who was the plaintiff in the earlier suit) […]
India IP Policy, Patent Legislation: Amends Patent Rules to Expedite Grant
The Patent (Amendment) Rules, 2016 were implemented by the Indian Patent Office on 16 May 2016. The salient features of the said rules are as follows: Reduction of time to file response to First Examination Report (FER) The time allowed to respond to a FER for putting an application in order for grant has been […]
Singapore Mirandah and Trademark cases: CAESARSTONE Prevails over CAESAR
On March 29, 2016, the High Court of Singapore overturned the Intellectual Property Office of Singapore’s (IPOS’s) decision to refuse registration of Caesarstone Sdot-Yam Ltd’s mark CAESARSTONE for goods in Class 19. Appellant’s Mark Respondent’s Mark The respondent, Ceramiche Caesar SpA, had a prior registration in Class 19 for goods including […]
Laos IP Policy, Trademark Legislation: DIP Begins Accepting Multi-Class Applications
The Department of Intellectual Property (DIP) of the Ministry of Science and Technology of the People’s Republic of Laos began accepting multi-class applications as of February 1, 2016. On December 20, 2011, the DIP announced that Article 33 of the Intellectual Property Law of Laos would be revised to allow the filing of more than […]
Thailand Trademark Legislation: Amends Act
Amendments to the Thailand Trademark Act will take effect on 28 July 2016. The amended Act introduces amendments to the trademark registration process, extends its protective scope and revises the applicable deadlines and fees. A summary of the amendments to the Trademark Act is described in the table below: Changes Before After Amendment on 28 […]
Singapore - Patentable Subject Matter Clarified
After taking into consideration feedback from patent practitioners and policies of foreign patent offices that are relevant to Singapore, the Intellectual Property Office of the Singapore (IPOS) has released a revised version of the Examination Guidelines for Patent Applications, which contains amendments to the section concerning patentable subject matter. The guidelines state that the assessment […]
Vietnam - Patent Prosecution Highway (PPH) Pilot Program Commences in April 2016 for Japanese Patent Applications
Japan and Vietnam implemented a Patent Prosecution Highway (PPH) pilot program that took effect on 01 April 2016. In 2014, approximately 50% of the total filed applications at the NOIP remained pending and unexamined. To facilitate the reduction of backlog at NOIP and expedite the patent examination process, NOIP signed its first Patent Prosecution Highway […]