Search results for

You have an invention you want to patent. To qualify in most countries, your invention must meet the standard for so-called absolute novelty. This means it cannot have been sold or disclosed in prior patents, publications, trade brochures, advertisements, etc. Such items constitute what is referred to as the prior art.

The UK Intellectual Property Office (IPO) has recently published revised examination guidelines for patent applications relating to medical inventions. The revisions are to take into account amendments to patent law made by the provisions of the Patents Act 2004, which came in force on December 13 2007 following the implementation of the European Patent Convention 2000. As always, the guidelines are a comprehensive explanation of the practice of the IPO and all practitioners in this field are advised to consult them.

Thailand officially became a member of the Paris Convention for the Protection of Industrial Property (Paris Convention) on August 2 2008, making it the 173rd state to be party to the Convention. The accession to the Paris Convention will have two primary advantages.

Turkey's policy is that geographical indications (GIs) should be protected not only for wines and spirits but also for other products. The same argument has been made by countries such as Switzerland, Hungary and Bulgaria in TRIPs Council meetings though a majority of countries, including the US, Canada, Australia, Argentina and Chile were against it.

The Korean Intellectual Property Office (KIPO) announced an amendment to its examination guidelines broadening the scope of patentable inventions using materials from human bodies (including materials from deceased persons), effective as of July 1 2008. Prior to this amendment, inventions using materials from human bodies were generally not patentable in Korea. Such inventions were believed to harm human dignity and be ethically unacceptable. Even inventions using materials from deceased persons were generally not allowed. The only exception to this prohibition under the previous examination guidelines was using parts of the human body that were obtained naturally and not artificially (e.g. surgery). For example, inventions using blood or placenta naturally discharged from the human body were allowed while use of cells removed through surgical procedures was not.

As the internet continues to grow as a marketing and sales tool for businesses, so too does the number of internet scams and frauds. The increasing complexity of internet scams can make it quite difficult for a trade mark owner to tell the difference between a legitimate sales solicitation that might be appropriate to consider and a blatant scam that should be avoided.

Regulatory reform is needed to implement data package exclusivity rights, say Alejandro Luna and Juan Luis Serrano of Olivares

Article 368 of the Taiwan Code of Civil Procedure reads: "a party may move the court for an order for persevering any evidence that may be destroyed or its use in court may become infeasible, or with the consent of the opposing party; where necessary, a party who has legal interests in ascertaining the status quo of a matter or object may move for expert testimony, inspection or preserving of documentary evidence". This stipulation, aimed at providing the right holder with an effective tool to secure and preserve evidence so as to more readily fulfil the burden of proof, was recently invoked by the IP Court in the hearing of a motion for preservation of evidence filed prior to a possible utility model patent infringement lawsuit.

Sung-Nam Kim and Gavin Healy of Kim & Chang provide a comprehensive guide to the system for the prosecution of trade marks

The Court of Appeal in Malaysia in the case of Microsoft Corporation v Yong Wai Hong [2008] 3 MLJ 309, recently overturned the decision of the High Court and granted relief to Microsoft Corporation in the form of a perpetual injunction on a summary judgment application. The High Court's decision, from which this appeal stems from, had in fact disallowed Microsoft's application for a perpetual injunction on the basis that the respondent had raised triable issues in good faith and that a perpetual injunction ought not to be granted summarily.