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After an extensive process of consultation, the Indian Patent Office recently finalised guidelines for examination of patent applications claiming pharmaceutical inventions. These industry specific guidelines are part of an effort by the Patent Office to lend more clarity to patenting norms in different technology sectors. Traditionally, the Patent Office has only issued a draft manual every few years, which collates latest judicial precedents. However with the changing nature of patenting in India, the Patent Office has embarked on this new practice of industry-specific guidelines. Like the Manual, these guidelines are not binding on examiners since they lack the force of law. Thus in case of a conflict between the Patents Act and the guidelines, the former will prevail.

After the new Copyrights Law enacted in September this year, the Indonesian government plans to be more active in preparing the draft of new Trade Mark Law.

The new New Zealand Patents Act and accompanying Regulations came into force on September 13 2014. The new legislation creates some issues with deposit requirements for patents claiming microorganism inventions (section 43, regulation 59).

On August 4 2014, the Intellectual Property Office of Singapore (IPOS) introduced a performance pledge for Intellectual Property registration. Under this new pledge, a grant of a Singapore patent application may be obtained within 12 months from the date of filing the application if certain requirements are met. A Singapore design application may be obtained within four months from the date of filing if there are no objections. A Singapore trade mark registration may be obtained within nine months from the date of filing if there are no objections or oppositions to the application.

On October 7 2014, the Office of the Director General (ODG) of the Intellectual Property Office of the Philippines dismissed the appeal of La Chemise Lacoste to the decision of the Bureau of Legal Affairs (BLA) which rejected the opposition to trade mark application 4-1996-116672 filed on December 27 1996, by Crocodile International for the mark Crocodile and device (appeal number 14-2013-0042). The contested marks are shown in the pictures.

The US Court of Appeals for the Seventh Circuit issued a decision in M Arthur Gensler Jr & Associates Inc v Strabala holding that claims under Section 43(a) of the Lanham Act for false designation of origin extend to both goods and services.

An applicant's public disclosure of an invention will not bar issuance of a patent to the applicant provided that the public disclosure is due to use for experimental purposes, publication in a non-patent document, or display in a government sponsored or approved exhibition and that an application for the invention is filed within a six-month grace period. In other words, the subject matter disclosed by the applicant's own activities as specified above will not be considered prior art against the novelty or inventive step of the applicant's invention.

A new judgment has been given regarding patent term extension, following the two judgments that we recently discussed. The IP High Court made a ruling on the issue of whether the court can consider the description of the label besides the description of a written approval in determining whether a ban was lifted through obtaining the disposition.

The year 2014 saw several groundbreaking cases in IP enforcement in Vietnam. As negotiations ramp up in talks for the EU-Vietnam FTA and TPP, Vietnam has sent several strong signals to investors that it is taking steps to ensure better protection of IP rights. Notable cases in the last year included:

The pan-American IP association ASIPI marked its 50th anniversary at its Congress in Mexico City from November 30 to December 3. Utynam was there to experience the occasion