Search results for

The Trade Marks Act 1999, which came into force on September 15 2003, was India's successful attempt to harmonize its trade mark laws with the requirements of TRIPs, as it differentiates between well-known trade marks and trade marks generally. The 1999 Act deals extensively with the facts to be considered and methods to be adopted by the Registrar in protecting a well-known trade mark while considering an application for registration of an identical or similar mark in any class or classes of goods or services, whether the proprietor of such a well-known mark be an Indian or a foreign company, as well as at the same time protecting the interests of good faith proprietors. The courts in India, however, already afforded protection to such well-known trade marks against illegal copying, even before the introduction of the provisions in the Trade Marks Act 1999.

Canada has its own classification system for designs comprising 50 classes and 220 subclasses, compared to the Locarno System, which has 32 classes and 102 subclasses. The Design Office is studying the possibility of utilizing the Locarno classes together with more detailed subclasses from the Canadian classification system, thereby permitting Canada to harmonize with other IP offices.

From Tove Graulund

Peter Ollier, Hong Kong

Esther H Lim, Ningling Wang, and Tina E Hulse of Finnegan Henderson explain why it is crucial for companies to seek IP protection in China now if they want to maximise their IP value in the future

Rejections based on insufficient disclosure may be troubling for applicants, but with preparation and persuasive arguments they can be overcome. Gesheng Huang and Jinping Du of Zhongzi explain how

The trade mark cast a slur on Chinese workmanship. Yuan Shihuan of BTA explains how BTA stopped it from gaining approval

Diverging verdicts are confusing IP and trade mark owners but the system is still developing, say Dr Lulin Gao and Dr Singer John Huang of East IP

IP licensing and technology transfer is subject to complex legislation, which foreign practitioners must understand if they want to avoid pitfalls, say Benjamin Bai, Anthony Chen, and Marcus Woo of Jones Day

There are many ways to enforce IP rights in China. Negotiation may be one of the best, argue Yunze Lian, Wenhui Yi and Connie Zhuang of Hylands