Mondaq Asia Pacific: Intellectual Property
Norton Rose Fulbright Australia
A branding strategy is a long term plan for the development of successful product marketing through brand awareness.
Shelston IP
Patent office stringently applies new support laws which set higher thresholds required in a patent specification.
CCPIT Patent & Trademark Law Office
Article 70 of the Chinese Patent Law, which came into effect on October 1, 2009, reads: "Any person who, for production and business purpose uses, offers to sell or sells a patent-infringing product...
Khurana and Khurana
With the increase in innovation and creation, the range of counterfeit goods has expanded significantly leaving no industry impenetrable.
Khurana and Khurana
Mischief rule is pertains to interpretation of statutes, and is applied by Courts when there is a conflict between two laws or provisions of law on interpreting it by the words ...
Since 2012 the book authored by Singh had been published by the company's key publishing house and sold and marketed by the company.
Financial method and business method patents seemingly refer to the same subject matter of inventions in patent law.
The filing of patents to obtain the exclusive rights includes numerous aspects for the validity of the application, apart from the patentability criteria.
Litmus Legal
Under Section 48 of Copyrights Act, registration of a Copyright shows that it is prima facie valid. This is a rebuttable presumption and it can be proved otherwise. However, the burden to show invalidity of the registration rests on the person asserting it.
Litmus Legal
As part of due diligence, online platforms require vendors on their portal to provide particulars of trade mark registration or application. The Bureau of Indian Standards (BIS) also requires applicants to provide particulars of trade mark registration or application.
Litmus Legal
In India, The Trade Mark Act, 1999 or its predecessor legislations do not make registration of a trade mark mandatory. A trade mark is protected by virtue of its use under the Common Law rights.
Litmus Legal
1.In India, The Copyright, 1957 or its predecessor legislations do not make registration of a Copyright mandatory. A Copyright is protected by virtue of its creation use under the Common Law rights.
"Shape of goods" has always been a fascinating subject matter for both IP protection and enforcement.
The IPR policy launched by the Indian government in 2016 under Start-up India program has seen considerable success, with several start-ups filing patent applications under SIPP scheme...
Intepat IP Services Pvt Ltd
An appeal against the order or the decision of the Registrar of Trademarks may be filed before the Intellectual Property Appellate Board (‘IPAB', for short).
S.S. Rana & Co. Advocates
The advent and subsequent proliferation of the internet in India has been a boon as well as a curse for intellectual property enforcement.
Often, after filing a patent application, improvements, additional uses and refinements surface.
S.S. Rana & Co. Advocates
In a recent decision by the Delhi High Court, Hon'ble Justice Manmohan granted an injunction against the defendant who was also the registered proprietor of the impugned trademark...
Clyde & Co
In Icon Health and Fitnes Inc. vs. Sheriff Usman and Anr., the Delhi High Court vide its order dated 12th September, 2017 held that the defendant is responsible for passing off the trade mark...
Clyde & Co
With a view to use technology to enhance transparency and digitally empower the stakeholders, the Indian Copyright Office has released four notifications over the last two months informing...
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React (also React.js or ReactJS) is an open-source JavaScript library developed and maintained by Facebook.
This was a good reminder to brand owners that there is no 'one size fits all' approach for the enforcement of IP rights.
Sparke Helmore Lawyers
This case highlights the need for businesses to avoid using product names that allude to high-profile individuals.
This case was a timely reminder that companies should check they have sufficient policies and procedures to protect IP.
Madderns Patent & Trade Mark Attorneys
The use of meta-tags may constitute trade mark infringement, as the source data is visible if you know what to look for.
K&L Gates
As part of the K&L Gates Business Bytes series, Sydney partner and patent attorney, Nigel Lokan, discusses the use of innovation patents as strategic tools for clients.
Sparke Helmore Lawyers
A Special K trade mark application was filed for use relating to sportswear, tennis racquets and sports competitions.
Swaab Attorneys
Parallel importation may not be an infringement of the trade mark rights of an overseas manufacturer in Australia.
Shelston IP
This article considers whether change in NZ IP policy direction is likely, depending on which party emerges victorious.
K&L Gates
The Australian Government has proposed significant changes to Australian patent law following an inquiry into the IP system recently completed by its advisory body, the Productivity Commission.
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