Managing IP Correspondent

China patents: How specialised courts will affect patent cases

China's legislature passed a bill on August 31 to establish specialised IP courts in Beijing, Shanghai and Guangzhou. Under the bill, the new courts will:

Managing IP Correspondent, September 26 2014

Germany: Inescapable trap for German parts of European patents

If it can be established in opposition proceedings that a granted European patent contains subject-matter that extends beyond the content of the application as filed within the meaning of Article 123(2) EPC, the patent cannot be retrospectively amended by deleting that subject-matter from the claims, if such amendment(s) would extend the scope of protection conferred by the patent. This creates an inescapable trap in EPO practice that would, apart from a few exceptional cases, render a European patent containing such a limiting amendment open to revocation.

Managing IP Correspondent, September 26 2014

China trade marks: Best practices in trade mark prosecution

With the recent revisions to the PRC Trade Mark Law that took effect on May 1 2014, it's helpful to review some best practices in China trade mark prosecution, particularly in light of changes in TMO practices following the revisions to the law. Trade mark squatting in China remains rampant, and for companies big and small, it often is a matter of time before your brand is pirated. Filing trade mark applications is usually less expensive than filing trade mark oppositions or buying brands from pirates. So it's best to file early, and well before launching a brand in the PRC.

Managing IP Correspondent, September 26 2014

India: CCI fines car manufacturers

In a recent order, the Competition Commission of India (CCI) has fined almost all major car manufacturers in India, for restricting the expansion of the spare parts and independent repairers segment of the economy, at the cost of consumers, service providers and dealers. While similar decisions have previously been issued across the globe, this is the first in India and contains important analyses on the overlap between IP rights and competition law.

Managing IP Correspondent, September 26 2014

Indonesia: Impact of new trade mark tariffs

This year, the Indonesian government enacted new Government Regulation 45 Year 2014 on July 3 (PP number 45/2014), replacing the former Government Regulation 38 Year 2009 (PP number 38/2009) on types and rates of non-tax state revenue applicable to the Ministry of Law and Human Rights in which official fees for trade mark prosecution are regulated. PP number 45/2014 regulates the new tariff for filing trade mark applications, which is increased from Rp600,000 ($50) to Rp1 million.

Managing IP Correspondent, September 26 2014

Argentina: INPI’s resolution regarding tobacco products

In several cases, a trade mark cannot be registered, even when it has sufficient distinctiveness. For example, Section 3 (d) of the Trade Mark Law prohibits the registration of "those marks that are susceptible of inducing error with respect to the nature, properties, virtues, quality, manufacturing techniques, function, origin, price or other characteristics of the products or services to be distinguished".

Managing IP Correspondent, September 26 2014

Managing IP Correspondent

Published by this author: