Managing IP Correspondent

Malaysia: Restrictions on parallel imports in Malaysia

An analysis of judicial decisions rendered by the Malaysian courts suggest that parallel imports are lawful to some extent.

Managing IP Correspondent, April 29 2019

China trademark: China revises the TIER regulations

In response to the adoption of China's new foreign investment law, the China State Council promulgated decision no. 709, which revoked certain provisions of the Administration of Technology Import and Export Regulations (TIER), effective since March 18 2019. These changes address one of the biggest controversies in the US-China trade war and open up a window for free negotiation in cross-border technology transfers by lifting certain mandatory restrictions. The changes include deleting Article 24(3), Article 27 and Article 29 of the regulations.

Managing IP Correspondent, April 29 2019

India: India releases new e-commerce policy

Internet penetration and widespread use of handheld devices is fuelling e-commerce in India. With the rise in online purchases of goods and services, complaints about counterfeit goods are also rising. The Department for Promotion of Industry and Internal Trade released a Draft National E-Commerce Policy (hereinafter referred to as the policy) on February 23 2019 and invited comments from stakeholders and the public. The draft policy is separated into six categories:

Managing IP Correspondent, April 29 2019

Japan: IP High Court finds free riding and dilution by GUZZILLA trademark

On November 21 2011, Taguchi Industrial filed an application for registration of the trademark above, "GUZZILLA", designating "Mining machines and apparatus; Construction machines and apparatus; etc." in Class 7 (designated goods). The trademark was granted registration on April 27 2012.

Managing IP Correspondent, April 29 2019

Myanmar: Myanmar’s new Trademark Law raises uncertainties

Trademark owners who have assured their rights in Myanmar through the current best practice combination of Declaration of Ownership registration and Cautionary Notice publication are now being faced with a challenge deciding how to prepare for the imminent implementation of the Trademark Law, which is the first of its kind in the country. While it is certain that the Trademark Law will take effect in 2019, its specific mechanisms, which may be well-defined in many instances in the text of the law, are far from settled.

Managing IP Correspondent, April 29 2019

Singapore: Undue delay and unfair advantage lead to denial of amendments

Last month, the Intellectual Property Office of Singapore (IPOS) delivered its opinion denying a patentee's request to enter post-grant amendments as a defence in a revocation hearing. Its opinion was based on findings of undue delay in presenting the post-grant amendments and unfair advantage in pursuing monetisation efforts in Singapore centred on the broader unamended Singapore claims, when narrowing amendments had been required to obtain or retain grant of corresponding patents in other countries.

Managing IP Correspondent, April 29 2019

Managing IP Correspondent

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