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Zhao Jiaxing of KingSound & Partners analyses how the Patent Law amendments have affected the prosecution and enforcement of design patents

When conducting R&D in China, IP owners need to be aware of changes in local law. Jay Sha of Liu Shen & Associates outlines what strategies to follow

My marketing colleagues want us to add logos to our product to show that we use fair traded, organic, ethically-sourced ingredients. What do I need to know about using these kinds of marks?

When the USPTO issues a refusal to register a trade mark application based upon a likelihood of confusion with an existing third party registration covering a similar mark, one option that the owner of the refused application has available to it is to approach the owner of the cited registration to obtain a Consent to Registration. A Consent to Registration is essentially a written acknowledgement by the owner of a trade mark registration, which can be submitted to the PTO, attesting that there is no likelihood of confusion between the mark that is the subject of the existing registration and the mark that is the subject of the pending application.

The James Bond series of movies have enjoyed worldwide recognition all over the world for many years. However, the 007 trade marks were not given famous mark status in Taiwan when they were used to oppose registration of a local trade mark comprising the same wording 007 and a similar pistol device in respect of timepieces in the year 2000. The Administrative Court then had the following findings:

With a significantly higher level of regulation over trade mark licences introduced by the 2007 trade mark law, we might have expected to see an increase in the number of licence recordals, but that is not apparent from the number of licences published in the official journal.

There are many reasons why counterfeiting should be taken seriously. Fake goods pose a threat to public health and safety. Further, counterfeit products cost brand owners millions of dollars each year in lost revenue.

The Malaysian Patents Act 1983 requires that an invention, to be patentable, should be new, involving an inventive step and industrially applicable. Section 13 (1) (b) of the Act lists non-patentable inventions and it excludes the patentability of plant or animal varieties or essentially biological products for the production of plants or animals, other than man-made living microorganisms, micro-biological processes and the products of such microorganism processes.

Four months after they were introduced, the impact of the recent rules on the protection of Made In Italy is encouraging.

The Indonesian government's IP enforcement team, known locally as TimNas, has begun the process of consulting with stakeholders about its IP enforcement strategy for 2010.