Search results for

Tammy T Hung and May Sheng of Tai E outline some changes drafted for Taiwanese patent law

In Thailand, relatively few patent and petty patent infringement cases are tried each year. From 2000 until July 2008, a total of 40,823 intellectual property cases were tried before the Central Intellectual Property and International Trade Court, but only 155 of these involved patent infringement. In examining the statistics for patent case filings during this period, certain trends are immediately apparent.

Under the Korean Trademark Act, the registration of a trade mark can be cancelled if it is not used within three years of the date on which an interested party files a cancellation action based on non-use or if it is used in an improper manner by the trade mark owner or its licensee. Articles 73(1)(ii) (improper use by a registrant) and 73(1)(viii) (improper use by a licensee) can be a good weapon for famous mark owners to attack third parties that own a trade mark whose registered form may not be considered similar to the famous mark, but the form actually used is very similar.

Due to the changes in the Singapore Patents Act, there is a requirement for examined claims for applications having a filing date on or after July 1 2004, at the time of paying the grant fee. In particular, it is required that each claim in an application is related to at least one claim that has been examined and referred to in an examination report relied upon. Under section 2(4)(a) of the Singapore Patents Act, the definition of one claim being related to another claim is if the two claims are identical or (A) each limitation in the second claim is identical to a limitation in the first claim or (B) differs from a limitation in the first claim only in expression but not in content.

The patent attorney profession is still in its infancy in the Philippines. This may be gleaned from the relatively low number of patent applications being filed in the name of local inventors or companies. From information given by the Bureau of Patents (BOP), the number of patent applications, which include inventions, utility models and designs, filed in the Philippines increased by more than 100% compared to 2002. This is, however, due to the increase in patent applications received from foreigners entering the Philippines thru the PCT. The Philippine joined the PCT on August 21 2001, and since 2002, PCT applications received by the BOP have increased steadily. Applications, however, from local companies have remained more or less constant at an average of about 1,200 applications a year. The ratio of foreign patent applications to local has averaged at 70:30, as shown in the table below.

In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trade mark over the internet or using a website is use of the trade mark.

The success of the high-tech sector in Israel has been driven by many factors, including the vast pool of talented scientists, engineers and researchers, a dynamic venture capital market, a genuine entrepreneurial spirit and advanced academic institutions and their increasingly fruitful collaboration with industry. In addition, the role of the Office of the Chief Scientist (OCS) of the Israeli Ministry of Industry, Trade and Labour and its many programmes, and the effect of the Law for the Encouragement of Industrial Research and Development, 1984, as amended (the Law), the implementation of which the OCS oversees, have also played an important role.

In order to avoid the hijack of its own vintage variety of rice, basmati, by private companies, India is attempting to obtain geographical indication (GI) protection for basmati. GI status would identify it globally as unique for qualities exclusively attributed to the place of its origin and confer legal protection against unauthorized use of the name by other rice producers.

Adrian Zahl describes the ins and outs of the Canadian patent system compared to other regimes, specifically as it applies to the biotechnology and pharmaceutical industries

After signing free trade agreements with the US and EU, Chile is set to join the PCT. Jaime Silva and Arturo Covarrubias of Silva & Cia examine the advantages and disadvantages for overseas investors, local industry - and IP law firms