Search results for

In Belgium, a patent is automatically granted, meaning the grant procedure does not involve a substantive examination of the application, with the provision that a search report has been issued.

Patent registration is becoming increasingly standardised through international treaties and systems. Yet Africa still retains some historical patent anomalies. Some of these present interesting opportunities.

Following on from recent Patent Office success in courts in rejecting business method patents, the Patent Office has released new guidelines on the patentability of computer implemented inventions.

In Philip Morris Brands Sarl v Rothmans Brands Sdn Bhd & Anor, the court held that collating information and gathering insights does not amount to "use" under the Trade Marks Act 1976 (TMA).

In the past, end-users might use a remote control to store and manage relevant channel and TV programme information. The process, however, has become more burdensome due to the increasing number of TV channels and service providers. The information that end-users will have to manage by themselves has become voluminous and complicated.

In January, the US Supreme Court granted a petition for certiorari in Kirtsaeng v John Wiley & Sons, Inc to decide the standard for determining whether attorneys' fees should be granted to a prevailing party in a copyright case. The Supreme Court's decision on the issue will be closely monitored by prospective plaintiffs and defendants alike since the risk of fee-shifting may have a significant impact upon a party's decision-making with respect to both pursuing and defending a litigation.

Especially in recent years, trade mark owners and their representatives have been confronted with the difficulties of having their clients' 3D trade marks registered with their national office or OHIM.

There is a positive development in data privacy protection in Indonesia, due to the issuance of a draft Ministerial Regulation on Data Protection (Draft Regulation) by the Ministry of Communications and Informatics of the Republic Indonesia (MOCI). This Draft Regulation was prepared as one of the implementing regulations of Law No 11 of 2008 on Electronic Information and Transactions (EIT Law) and Government Regulation No 82 of 2012 on the Implementation of Electronic Systems and Transactions (GR 82). In October 2015, the government also issued a draft Data Protection Law (Draft Law).

When conducting a trade mark availability search, we often recommend adding visual elements in order to avoid a possible likelihood of confusion with prior trade marks.

According to a news release of the EPO issued in mid-January, the "comprehensive reforms undertaken at the EPO in recent years have translated into unprecedented increases in the performance of the Office, with significant improvements in productivity, timeliness and quality in 2015". According to the EPO, its 4,200 examiners accomplished a performance increase of 14% compared to 2014. Some 68,400 European patents were granted in 2015, compared to 64,600 in 2014. The proportion of applications being granted amounted to approximately 48%. Over 85% of European first filing applications received a search report within six months from filing.