Managing IP Correspondent

The possibility to recover costs in IP cases can be an important consideration in your litigation strategy. Correspondents in Brazil, Canada, China, France, Germany, India, the United Kingdom and United States answer six questions about their jurisdictions

Managing IP Correspondent, March 23 2015

India: Expedited patent examination proposed

Backlogs and delay in the examination and grant of patents have been commonplace in India for several years now. In 2013 Nitto Denko, a patent applicant facing significant delays in the registration of its patents, approached the Delhi High Court on the issue of delayed patent examination. As per Rule 24B of the Patent Rules, 2003, the first examination report (FER) should be sent to the applicant within six months from the date of request of examination or six months from date of publication whichever is later. This time-frame is almost never adhered to by the Patent Office because of a shortage of human resources.

Managing IP Correspondent, March 23 2015

Greece: “Open Sesame” for www.alibaba.info

A Greek entity registered in its name the domain name www.alibaba.info. Alibaba, the globally well-known e-commerce Chinese company filed a complaint against the above-mentioned domain name holder on the basis of UDRP rules before the Asian Domain Name Dispute Resolution Center. This action failed.

Managing IP Correspondent, March 23 2015

Indonesia: Defensive trade mark registration

The Indonesian Trade Mark Law No 15/2001 regulates that an owner of an unregistered mark may file a lawsuit for cancellation against a registered mark at the Commercial Court after filing a registration at the Directorate General of Intellectual Property Rights (DGIPR).

Managing IP Correspondent, March 23 2015

Japan: First 3D trade mark infringement case

More than 2,000 three-dimensional trade marks have been registered since April 1 1997 when the registration of such marks became possible. Among them were Coca-Cola's bottle and Jean Paul Gaultier's perfume bottle. Now the Tokyo District Court has made the first decision on whether a three-dimensional trade mark was infringed.

Managing IP Correspondent, March 23 2015

Malaysia: Landlord liability not recognised

The Malaysian High Court recently decided in the case of Syarikat Duasama Sdn Bhd v Chevron Malaysia Limited that the concept of landlord liability may not be recognised to confer liability on owners of premises where infringing activities are said to have taken place.

Managing IP Correspondent, March 23 2015

Managing IP Correspondent

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