Managing IP Correspondent

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

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

The Netherlands: Defining the inventor

Dutch law does not provide a closed definition on inventorship. If a patentable invention arises out of an alleged cooperation of multiple parties, this may easily give rise to an ambiguous situation with respect to entitlement. The recent decision of Hymmen industrieanlagen v Teijin aramid (Court of The Hague, August 26 2015) provides more guidance on this matter.

Managing IP Correspondent, September 24 2015

Vietnam: New guidance on enforcement regime

On June 26 2015, the Ministry of Science and Technology (MOST) issued Circular 11/2015/TT-BKHCN providing guidance on the implementation of Government Decree 99/2013/ND-CP dated August 29 2013 on administrative sanctions in industrial property. The new circular took effect on August 11 2015. Because administrative measures play a very important role in the enforcement of IP rights in Vietnam, Circular 11 was eagerly awaited as it would provide a replacement for Circular 37/2011/TT-BKHCN dated December 27 2011, a document originally designed to provide guidance on the now-expired Decree 97/2010/ND-CP dated September 21 2010. Attempts to implement Decree 99 while referring to the old circular often led to legal barriers and conflicts that were difficult to reconcile.

Managing IP Correspondent, September 24 2015

The Philippines: Submission to WIPO mediation

The Intellectual Property Office of the Philippines (IPOPHL) issued Office Order 15-067 series of 2015 which took effect on May 7 2015, allowing parties to have their cases mediated by the World Intellectual Property Organization (WIPO). This option is advantageous for international parties or those desiring to settle their disputes involving multiple jurisdictions, and the mediation meetings can be done in locations other than the Philippines. Referral to mediation is mandatory for IPOPHL cases such as:

Managing IP Correspondent, September 24 2015

Managing IP Correspondent

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