Managing IP Correspondent

Russia: Using the internet in trade mark examination

The appeal board of the patent office examined an appeal against refusal of registration of the trade mark Svenska Handelsbanken on IR number 1107500 filed by the Swedish company Svenska Handelsbanken АВ (publ) in respect of services in classes 35, 36, 45.

Managing IP Correspondent, June 22 2016

European Patent Office: Late-filed arguments before the Boards of Appeal

Practitioners before the EPO are aware that EPO proceedings are front-loaded. In effect, all evidence, amendments and arguments should be on file as early as possible in the proceedings. This especially applies to inter-partes proceedings, in which late-filed evidence or amendments could place other parties at a disadvantage.

Managing IP Correspondent, June 22 2016

Taiwan: Prepare carefully before suing former employee

In Taiwan, in the event that a departing employee joins a competitor of his/her former employer and thus breaches his/her contract of employment containing a non-competition clause, the former employer, depending on the degree of injury, cannot only claim damages but also seek an injunction or preliminary injunction to prevent its trade secrets or other intellectual property from being divulged. Back in 2014, TSMC successfully restrained its former head of R&D department from working for Samsung in a lawsuit upheld by the Supreme Court.

Managing IP Correspondent, June 22 2016

Vietnam: New guidance on infringing enterprise names

On April 5, the Ministry of Science and Technology (MOST) and the Ministry of Planning and Investment (MPI) issued Joint Circular 05/2016/TTLT-BKHCN-BKHDT providing details and guidance on the handling of cases where enterprise names infringe IP rights. The new joint circular, which came into effect on May 20, is the first official regulation ever issued on this subject in Vietnam, and is expected to prevent circumstances in which names of companies are identical or confusingly similar to protected IP objects of unassociated IP holders, and aim to take advantage of the IP holders' reputations.

Managing IP Correspondent, June 22 2016

The Philippines: New electronic filing system

On April 23 2016 in celebration of the World IP Day, the Intellectual Property Office (IPOPHL) launched its improved electronic filing system for trade marks called IPOPHL TM eFile. Unlke the previous e-filing system where payment has to be deposited physically to the designated bank, the new TMeFile is linked to three different payment channels, hence, the filer need not go to the IPOPHL office to file trade mark applications. The new system was initiated by newly appointed IPOPHL Director General Josephine Rima-Santiago. The added features of the new system are:

Managing IP Correspondent, June 22 2016

Spain: The utility model alternative

A utility model can be obtained in Spain for inventions relating to products, not methods, and for a term of 10 years.

Managing IP Correspondent, June 22 2016

Managing IP Correspondent

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