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  • Sponsored by Hanol IP & Law
    Many food products contain known ingredients, rather than novel ingredients, as essential components. Such food products are usually a result of combining components in a special ratio to achieve a particular flavour, taste, effect, etc.
  • Section 13 Paragraph 2 of the Thai Trademark Act directs registrars to refuse applications for marks that are similar to a prior registered mark, given that such similarity is likely to mislead or confuse the public as to the ownership or origin of the goods claimed. In several past cases, in order to demonstrate extensive reputation of a mark and dispel the possibility of consumer confusion under this provision, the party submitted extensive use evidence.
  • On June 12 2018, Vietnam passed a new Law on Competition that will take effect on July 1 2019, replacing the Law on Competition of 2004. The new law brings about several changes affecting intellectual property. Notably, it eliminates many of the discrepancies between the current 2004 Competition Law and the Intellectual Property Law in dealing with IP-related unfair competition.
  • One Belt One Road (OBOR) is a government initiative proposed by China's President Xi Jinping in September 2013 for joint economic development spanning 65 countries. OBOR is a proposed economic belt along the land-based historic silk road and the 21st Century maritime silk road from Asia to Europe, through South East Asia, South Asia, Central Asia, West Asia and the Middle East. This initiative aims to improve connectivity and cooperation between countries in this region in order to promote trade exchanges in this area. This briefing examines intellectual property strategies that may be adopted by foreign companies, particularly by Chinese companies trading in Malaysia to keep their IP risks under control.
  • According to the 11th edition of the Global Innovation Index 2018 (GII 2018) released in July 2018, Singapore is the most innovative country in the world outside Europe.
  • On June 28 2018 the Zimbabwean authorities published a document entitled the Zimbabwe Intellectual Property Policy and Implementation Strategy.
  • Sponsored by Daniel Law
    Although the amount of patent litigation in Brazil is far from the level of litigation in the US, patent infringement actions are very common in the jurisdiction. Such actions are the most effective measure against infringers, since preliminary injunctions are widely available. This makes Brazil very attractive as an additional battlefield for worldwide patent disputes.
  • In the last few years, the US Supreme Court has held that laches is not an available defence to claims for copyright or patent infringement brought within the limited periods described under each of the Copyright and Patent Acts. In Pinkette Clothing, Inc. v Cosmetic Warriors Limited, the Ninth Circuit Court of Appeals affirmed a distinction between available defences to copyright and patent infringement claims, on the one hand, and trade mark infringement claims, on the other hand, holding that laches is an equitable defence to a trade mark cancellation action because the Lanham Act has no statute of limitations and expressly makes laches a defence to a cancellation action.
  • Resolution Chemicals v AstraZeneca B.V. and Shionogi (Supreme Court of The Netherlands, The Hague, June 8 2018) deals with the extent of protection that is conferred by patent EP0521471 (EP 471), for rosuvastatin, a new cholesterol inhibitor.
  • Google has already said it will appeal to the Supreme Court in the latest development in the dispute over unauthorised use of 37 packages of Oracle’s Java application programming interface