Of the four pillars of intellectual property protection – patents, industrial designs, trademarks and copyrights – perhaps the most overlooked is that for industrial (ornamental) designs. In most countries, the available design protection is generally very narrow, with a minimal halo of protection around the exact design depicted in the application. Why would an applicant […]
Jail For Lady Counterfeiter In Manila
There are rare occasions by which a criminal case is filed for violation of the Intellectual Property Code of the Philippines (Republic Act No. 8293). But in those rare occasions, the Philippine courts do not hesitate to sink their teeth in deeply and put the counterfeiter behind bars. After more than a decade of legal […]
Philippines – IPOPHL Starts Accepting Copyright Applications
In January 2011, the Intellectual Property Office of the Philippines (IPOPHL) signed a Memorandum of Agreement with the National Library of the Philippines (NLP) whereby IPOPHL and its Satellite Offices have been given the authority to accept the registration and deposit for copyrighted works. The registration process is simple. Only a formal examination of the […]
India – Exhaustion In Copyrights
The doctrine of exhaustion or the first sale rule affirms the exhaustion of an asset’s intellectual property rights vested with its owner after its first use or sale. As a result, no further control can be exercised by the owner vis-à-vis distribution or resale of the product. Applying the principle more specifically to the realm […]
India – Case Addresses Copyright/Design Overlap
With the increasing realization among stakeholders of the importance of IP rights, we have seen a large number of disputes pertaining to its protection and preservation. It may not be surprising to see disputes involving two or more such rights. An example is the overlap between copyright and designs, which has been rightly dealt with […]
Latest Developments in Vietnam IP Law
The Vietnamese government has actively taken measures to ensure that the country’s IP laws are effective. They have recognized the relationship between economic development and IP protection. In fact the economic development in Vietnam is one of the most progressive one in Southeast Asia in terms of percentage growth of the GDP. So these IP […]
Malaysia – Important aspect of copyright infringement
In a recent copyright infringement case (April 2010) in Malaysia [Suit No: D5 (IP)-22-1152-2005], the local High Court carefully reviewed certain key facts and legal precedents to meticulously analyse and rule on some important aspects of copyright infringement. One such issue pertained to whether protection under the Copyright Act, afforded to a set of drawings […]
Thailand – FIFA World Cup
Copyright in Thailand “It’s Offside!” – Broadcasters cry foul amidst football frenzy In this year of the FIFA World Cup, it can be reasonably expected that commercial establishments across the globe would try to cash upon the popularity of the event by screening matches at their outlets in order to increase their clientele. But whether […]
India – Copyright And Designs Act Harmonized
In India, original artistic works may sometimes fall under the Designs Act and the Copyrights Act. This overlap has been much debated and has come up for adjudication several times before the courts. In a recent case, the Copyright Board made some pertinent observations, especially with respect to artistic works produced by the application of […]
India – Copyright Societies Expand Role
Under the Copyrights Act 1957 copyright societies are authorised to grant licences for copyrighted works. No other person except the owner of the work or a copyright society can grant a licence. A copyright society has the task of collective management of the rights of the owners and furthers their interests to prevent infringement of […]