Managing IP Correspondent

Europe: Restrictions on the right to amend patent claims

In its decision HIGH POINT SARL v KPN BV, the Dutch Supreme Court held that the right of the patentee to limit a European patent before the national courts, as defined by the European convention (EPC) article 137(3), may be restricted by national procedural conditions. Accordingly, the Dutch courts may refuse to consider limited claims that give rise to a new debate about patent validity after filing the grounds of appeal.

Managing IP Correspondent, December 08 2017

Turkey: Regulating the calculation of compensation for employee inventions

The decree law pertaining to the protection of patent rights was in force between 1995 and 2017. As per to decree law the rules on how to determine the amount of compensation to be paid to an employee in case of full or partial claim on invention was to be regulated by a regulation. However this regulation was never prepared or enacted.

Managing IP Correspondent, December 08 2017

China Patents: Patent linkage system is becoming real in China

In early October, the top policy making body in China issued a special opinion proposing to explore the patent linkage system, to extend patent terms for pharmaceuticals and to improve regulatory data protection, all of which are intended to encourage innovation in pharmaceutical and medical device fields. While the exact details of such new policy initiatives are not yet known, it has excited the industry.

Managing IP Correspondent, December 08 2017

Breaking the damages dilemma in China patent litigation

Guanyang Yao and Qi Hu discuss recent cases, issues and developments in patent damages awards in China

Managing IP Correspondent, December 08 2017

Thailand: Sound marks in Thailand

Registration of sound marks in Thailand has been legally possible since the Thai Trademark Act (No. 3) B.E. 2558 (A.D. 2015) came into force on July 28 2016. However, such registrations remained only a possibility that didn't mature into reality. On September 1 2017, new Ministerial Regulations were issued and guidelines published that provide clarification on the sound mark application process in Thailand as well as details on how to properly complete the revised trade mark application form to claim protection for sound marks.

Managing IP Correspondent, December 08 2017

Mexico: Litigating for reliable criteria

When talking about reserva rights – a legal institution exclusive to the Mexican legal system, which protects a variety of assets, such as titles of publications or broadcasts, among others– there is a problem that stands out: an absence of certainty regarding the criteria used by the authority (the Mexican Copyright Office, or INDAUTOR) when examining applications.

Managing IP Correspondent, December 08 2017

Zambia judgment casts doubts on international registrations

A Zambian High Court has ruled that the Zambian Trade Mark Act does not recognise unregistered well-known marks. Wayne Meiring explains why this judgment may also affect international trade mark registrations in Zambia

Managing IP Correspondent, November 29 2017

Validation of European patents in Tunisia

Managing IP Correspondent, November 10 2017

Kenya: trade marks in Africa – your questions answered

Managing IP Correspondent, October 25 2017

Nigeria: patents in Africa – your questions answered

Managing IP Correspondent, October 25 2017

Kenya patents in Africa your questions answered

Managing IP Correspondent, October 06 2017

The draft intellectual property policy of the republic of South Africa

Managing IP Correspondent, October 06 2017

Managing IP Correspondent

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