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Belgium: Patents: Simultaneous protection by a European and a national patent

Depending on your patent strategy, you might have decided to protect your invention by first filing a priority founding national patent application. The aim of this strategy might be to get a quick grant in the desired jurisdiction. The national application can then be followed by a European patent application designating the state in which the national application was filed and claiming the priority or having the same effective date as the national patent application. If both the European and the national patents are granted, you might wonder whether your invention can be simultaneously protected by both the national and the European patent in the state in which the national application was filed.

Managing IP Correspondent, September 24 2015
China: Patents: New possibilities for cross-border research

On August 29 2015, the Standing Committee of National People's Congress passed certain amendments to the Law on Promoting the Transformation of Scientific and Technological Achievements. With the change, the Law now provides a general framework for the exploitation of scientific and technological achievements, and for the remuneration of inventors and those who made great contributions to the achievements.

Managing IP Correspondent, September 24 2015
EPO: Amended EPO procedure up to grant

Back in 2012, we reported that the EPO procedure up to grant had been amended, with the amendment of Rule 71(3) EPC and the introduction of new Rule 71a EPC.

Managing IP Correspondent, September 24 2015
Europe: Impulse with a reputation!

nilever opposed a Hungarian national trade mark application for being too similar to its Community trade mark (CTM) Impulse. The national authorities rejected the application, stating that the CTM had established a reputation across the EU. The applicant Iron & Smith appealed against this decision, arguing that Unilever's CTM had no reputation in Hungary.

Managing IP Correspondent, September 24 2015
Japan: Pitava trade mark infringement denied

Source : Trade mark No. 4942833

Managing IP Correspondent, September 24 2015
Malaysia: Halal certification delay was not special circumstances

In the recent case of Oishi Group Public Company Ltd v Liwayway Marketing Corporation [2015] 2 CLJ 1121, the High Courts of Malaysia had the opportunity to consider the defence of special circumstances prescribed in Section 46(4) of the Trade Marks Act 1976 (TMA) in a trade mark expungement suit based on the grounds of non-use.

Managing IP Correspondent, September 24 2015

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