Mondaq Asia Pacific: Intellectual Property
Clyde & Co
A Happy New Year to all our readers, wherever you may be around the world! During 2014, we saw a number of key developments throughout the region.
Beijing East IP Law Firm
As prescribed in the Chinese Trademark Law, application for registration of a trademark shall not create any prejudice to another person’s prior right, which includes prior copyright.
Beijing East IP Law Firm
A technical solution refers to a collection of technical means that are adopted to solve a technical problem and utilize the laws of nature.
Beijing East IP Law Firm
The latter half of Article 32 of the Chinese Trademark Law 2013 stipulates that "preemptive registration by unfair means of a trademark with certain fame already used by another party" shall not be approved.
Barker Brettell LLP
China operates a "first to file" trade mark protection system.
Beijing East IP Law Firm
The usage environment feature refers to a technical feature for describing the environment or conditions under which an invention is applied.
Beijing East IP Law Firm
On October 15, 2014, Rule 14 of the Provisions of the Supreme People’s Court (SPC) on Several Issues concerning the Trial of Administrative Cases Involving the Granting and Determination of Trademark Right (Draft for Comment) was released by the SPC with two different opinions regarding the weight of evidence of trademark registration certificate and trademark gazette in determining copyright ownership.
King & Wood Mallesons
This article will focus on the discussion of common issues relevant to trademark infringement in e-commerce in China.
Beijing East IP Law Firm
According to Article 61, Paragraph 1 of the Chinese Patent Law (2009), a patentee may choose to shift its burden of proof for infringing process to the defendant when the patented process is for obtaining new product.
Peksung Intellectual Property
Article 2(4) of the Patent Law defines a ‘design’ as the shape or pattern or a combination thereof, or the combination of colour with a shape or pattern, of a product, which has an aesthetic appeal and is fit for industrial application.
China Sinda Intellectual Property Ltd
Most countries have established confidentiality review measures to first conduct a confidentiality review where a foreign patent application needs to be made for an invention/creation.
China Sinda Intellectual Property Ltd
Usually the PPH will take one of two forms – the conventional PPH or Patent Co-operation Treaty PPH (PCT-PPH).
China Sinda Intellectual Property Ltd
There is disagreement between examiners and applicants as to whether certain distinguishing technical features are "common knowledge".
Beijing East IP Law Firm
Article 64 of the Civil Procedure Law of the People's Republic of China provides that it is the duty of a party to an action to provide evidence in support of his allegations.
China Sinda Intellectual Property Ltd
The concept of "person skilled in the art" is used in numerous aspects of patent examinations, so accurately understanding this concept is of great significance to both patent examiners and agents.
Beijing East IP Law Firm
A method patent is different from a product patent in that it protects a dynamic operation process.
Singh & Associates
Section 39 of the Indian Patents Act is of prime importance during Patent prosecution.
Singh & Associates
Counterfeiting and Infringement are two phenomenon of the same genus but different species.
LexOrbis
While the contours of copyright law have always been drawn by the developments in the technological world, the emergence of digital technologies towards the concluding decades ..
LexOrbis
Right of reproduction is one of the most important rights of the copyright holder.
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HopgoodGanim
The Alert discusses the case and the potential impact it may have on the future of copyright infringement in Australia.
Singh & Associates
One of the boons of liberalized economy was closure of monopolistic market and development of a competitive regime globally which gave birth to antitrust jurisprudence.
Singh & Associates
A patent is an exclusive right granted to the original inventor for a novel product or a novel process that provides, a unique way of doing something, or which discloses a new technical solution to a problem.
Singh & Associates
Patent system is a contract between the inventor and authority whereby the inventor gets exclusive rights for a period of 20 years in return for disclosing full details of the invention.
LexOrbis
Recently the Indian Patent Office published the Indian Patents (Amendment) Rules, 2014 which have come effective from Friday, 28th of February, 2014.
Singh & Associates
Contract of Service can easily be termed as 'when one person has agreed to employ another person as an employee, and the other person has agreed to the terms of employment and of an employee.'
Singh & Associates
Compulsory licenses are generally defined as "authorizations permitting a third party to make, use, or sell a patented invention without the patent owner’s consent".
Krishna & Saurastri Associates
Pharmaceutical giant Bayer filed an appeal against the granting of a compulsory licence for Nexavar to Indian generic manufacturer Natco...
Krishna & Saurastri Associates
When an application for a patent is made at the Indian Patent office ("IPO") by virtue of an assignment of the right to apply, the IPO requires the submission of the proof of right.
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