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  • As we have explained in previous briefings, the new Argentine Civil and Commercial Code contains several sections that refer, both directly and indirectly, to intellectual property matters.
  • Bad faith filings by registry pirates in China continue to pose enormous challenges to brand owners, large and small, foreign and domestic.
  • With its huge population of 92 million, 50% of them under the age of 25, Vietnam has become an attractive destination for the world's major franchises. In urban areas, numerous franchises in sectors such as fast food, clothing, exercise, coffee and convenience stores can be found, with Western franchises as well as franchises from Korea and other Asian countries flourishing.
  • Back in April 2015 we reported that one of the China antimonopoly agencies (SAIC) published the IP Misuse Rules, which became effective then. What followed after that surprised everyone. The other anti-monopoly agency (National Development and Reform Commission, NDRC), which was at the centre of the attention of the global IP/antitrust community for last couple of years due to its investigation into Qualcomm and InterDigital in China, announced in the summer that it was asked by the State Council to draft guidelines on IP misuse. NDRC issued a preliminary draft in October 2015 and issued an updated version in January.
  • Sponsored by HANOL ClassHankyul IP & Law
    Following the Myriad decision in the United States, the High Court of Australia recently denied the patent eligibility of isolated genes of BRCA1 DNA. Along with the Alice decision from the United States, this is truly a new wave. What we patent reflects the most fundamental social decisions in our patent system. It is worth seeing how Korea is riding on this wave and balancing its system.
  • After Thailand's Department of Intellectual Property (DIP) recently announced that it would abolish the recordation system for well-known trade marks, many questions about the status of well-known marks remained unanswered. This article will discuss whether well-known marks are still protected in Thailand, who has authority to determine whether a mark is well known, and whether a similar recordation system will be reestablished in the future.
  • On December 8 2015, the Supreme Court, in a decision in four consolidated cases (GR Nos 209271, 209276, 209301 and 209430) permanently enjoined the field testing for Bt talong (genetically modified eggplant), declared the Department of Agriculture Administrative Order No 08, series of 2002 (DAO 08) as null and void, and temporarily enjoined any application for contained use, field testing, propagation, commercialisation, and importation of genetically modified organisms (GMOs) until a new administrative order is promulgated in accordance with the law.
  • The Patent Office considered an appeal filed by Brouwerij L Huygne company, Belgium on the decision of the examiner to refuse recognition in Russia of International Registration number 1141648 for goods in class 32 and services in class 43. The trade mark according to the International Registration is a depiction of a decapitation device, the guillotine, brought into general use by Dr Guillotin. For those who do not immediately understand there is also the word element "La Guillotine" across the device.
  • The 2015 Patent Act amendment changed the long-established rule, and determined that the employer may select in advance whether the right to obtain a patent for an employee invention belongs to the employer or the employee when the invention is made. The amendment comes into force on April 1 2016.
  • The patent law regime in Singapore is governed by the Patents Act (Chapter 221) which is based generally on the UK Patents Act 1977. The Patents Act was amended in 1995 to delete Section 13(2) of the Patents Act 1994 [UK Patents 1977, S 1(2)] which declared that certain subject matter, such as "a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer", are not inventions for the purposes of the Act and are therefore not patentable. This left the law open for including business methods and computer implemented inventions as patentable subject matter.