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In the light of the global recession, Amit Aswal of Clairvolex provides tips on how to optimise the value of your patent portfolio and pending applications

In the absence of specific regulations, the ownership of inventions made by employees is governed by common law in India. Essenese Obhan and Sumathi Chandrashekaran, of Obhan and Associates in New Delhi, examine what this means for employers and employees

Vietnam's regulations on the protection of plant varieties as stipulated in the current Law on Intellectual Property are fundamentally in compliance with the International Convention for the Protection of New Varieties of Plants, to which Vietnam is a party. However, the IP Law has some unclear issues regarding plant variety protection.

Registration on the USPTO's Principal Register offers valuable substantive benefits to a trade mark owner. However, certain marks – such as those that may be considered descriptive of certain features of the goods or services recited in the Application – are not eligible for registration on the Principal Register absent a showing of secondary meaning. If a trade mark owner is unable to obtain a registration on the Principal Register, there are still federal registration options available that can provide the owner with certain protections. One such option that a trade mark owner can consider is seeking registration on the PTO's Supplemental Register.

According to an article written by Judge Tsai, one of the eight judges of the IP Court, the approval rate for motions for evidence preservation orders (EPO) is lower than 20%.

Colonel Krishan Lal Vadehra and Sharad Vadehra, of Kan & Krishme in New Delhi, provide advice for patent applicants in India and review examiners' approaches to what constitutes patentable subject matter

The Indonesian Commercial Court has raised the hopes of trade mark owners facing the grim and costly task of tackling trade mark infringers in Indonesia.

Like many other countries, Belgium has adopted some interesting measures for cutting taxes on patent income for corporations in order to promote innovation.

In a recent judgment the Austrian Supreme Court had to decide a case on knives that were protected as registered Community designs. These knives were sold in sets consisting of 11 knives, where the knives were packed in two layers of five and six such that when the cover of the package was taken away all of the handles of the knives could be seen. The infringement of the registered Community design was a clear-cut case and was not even appealed to the Supreme Court by the defendant.

In 2002, Australia introduced a grace period provision which was modelled on the US style grace period to provide a 12 month prior publication or use right by the patentee before filing a complete patent application.