Author - AAA IPRIGHT5

China Issues a Report on the Status of National Intellectual Property Agency Industry Development
12 Jun

China Issues a Report on the Status of National Intellectual Property Agency Industry Development

China’s National Intellectual Property Administration published the Report on National Intellectual Property Agency Industry Development Status (2022) on May 11, 2023. In 2022, 645 new patent agencies were established in China, with 5 international patent agencies allowed to open resident representative offices. There were 4,520 patent agencies (excluding Hong Kong, Macao, and Taiwan) by the end of 2022, 63,311 patent attorneys, 31,347 practicing patent attorneys, and 4,405 litigation representatives. The number of applicants for the 2022 patent attorney qualification examination was [...]

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New EU Patent Rules Proposed by the European Commission
11 Jun

New EU Patent Rules Proposed by the European Commission

The adoption of a unified Supplementary Protection Certificates (“SPCs”), new rules for Standard Essential Patents (SEP), and a new mechanism for compulsory licensing of patents in crisis conditions in the EU are all suggested in a newly published draft by the European Commission (EU Commission). The EU Commission has suggested a unitary SPC for pharmaceuticals and plant protection goods as an addition to the unitary patent system. Until the Unified Patent Court takes effect on 1 June 2023 and the [...]

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Amending the Patent Act to implement Cusma in Canada
10 Jun

Amending the Patent Act to implement Cusma in Canada

The Canadian government unveiled Bill C-47 on April 20, 2023, which would amend the Patent Act’s regulations regarding patent term adjustments. The measure specifically extends the validity of a Canadian patent that was submitted on or after December 1, 2020, where the patent granting process has been inappropriate. The Canada-United States-Mexico Agreement (CUSMA, also referred to as USMCA) is a free trade agreement between Canada, the United States, and Mexico that provides a legal framework of basic standards for the [...]

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Eliminating trademark squatting with recent amendments to China's trademark law
09 Jun

CNIPA proposes guidance on trademarks that incorporate geographic names

Guidelines on the Registration and Use of Trademarks Containing Geographical Names were released by the China National Intellectual Property Administration (CNIPA) on January 19, 2023. The Guidance aims to increase entities’ awareness of the laws governing trademarks that contain geographical names, the risks associated with the stability of those rights, and the limits of those rights. As they violate Articles 10.1.2 (contain names of foreign countries), 10.1.7 (deceptive description of the place of origin of goods or services), 10.1.8 (harmful to [...]

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Eliminating trademark squatting with recent amendments to China's trademark law
08 Jun

Eliminating trademark squatting with recent amendments to China’s trademark law

The Chinese Trademark Law has recently been the subject of a draft change released by the Chinese Intellectual Property Office. The draft aims to deal with the problems of fraudulent trademark applications and trademark squatting. This amendment would have a significant impact on a number of areas of Chinese trademark law and practice if it were to be implemented in its current form without any additional changes. The People’s Republic of China’s National Intellectual Property Administration (CNIPA) published the draft [...]

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Publication of the Draft Amendment to the Examination Guidelines on Disclaimers by the Taiwan Intellectual Property Office
29 May

Publication of the Draft Amendment to the Examination Guidelines on Disclaimers by the Taiwan Intellectual Property Office

According to a statement made on May 2, 2023, by the Taiwan Intellectual Property Office (“TIPO”), the patterns of trademark use have changed as a result of new business models like online marketing, making it challenging to predict in practice whether a trademark will cast doubt on the extent of the trademark’s rights. TIPO has proposed a change to the Examination Guidelines on Disclaimers, including the following essential aspects, to coincide with the amendment to the Examination Guidelines on [...]

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Taiwan Intellectual Property Case Adjudication Act Latest Updates
28 May

Taiwan Intellectual Property Case Adjudication Act Latest Updates

On January 12, 2023, the Legislative Yuan approved a measure modifying the Intellectual Property Case Adjudication Act in order to harmonize Taiwan’s intellectual property litigation with worldwide practice and protect Taiwan’s economic competitiveness. Since its enactment in 2007, the Intellectual Property Case Adjudication Act has undergone only minor revisions. It will significantly affect Taiwan’s next system of intellectual property litigation. These are the significant adjustments. Procedures for adjudication with technology The use of technology in litigation proceedings has been expanded by [...]

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United States: PTO Proposes Increasing Patent Fees
27 May

United States: PTO Proposes Increasing Patent Fees

Increases in patent fees have been suggested, according to the US Patent & Trademark Office (PTO). Inflation would result in a general 5% rise in patent fees. In order to lessen the amount that other charge sources subsidize certain fees, some rates would be raised by a significant amount more than the 5% inflationary rise. For instance, a 27% rise in filing, search, and examination costs plus a 76% increase in the issue fee would result in a 48% total [...]

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Patent Prosecution Highway ("PPH") Pilot Program Between MyIPO And USPTO Begin in Malaysia
26 May

Patent Prosecution Highway (“PPH”) Pilot Program Between MyIPO And USPTO Begin in Malaysia

The PPH Pilot Program between the United States Patent and Trademark Office (“USPTO”) and the Intellectual Property Corporation of Malaysia (“MyIPO”) began on March 2, 2023. The three-year trial term for this Pilot Program will end on March 1, 2026. If both patent offices agree, the program may be extended beyond the first three years or terminated earlier than the initial three years. The main objective of the PPH Program, a cooperative agreement between national patent offices, is to speed [...]

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If the applicant is using or plans to use the trademark for use with such products or services in Canada and is authorized to do so, they can file an application for its registration.
25 May

What Is In A Trademark Application In Canada?

If the applicant is using or plans to use the trademark for use with such products or services in Canada and is authorized to do so, they can file an application for its registration. There is nothing that prevents a trademark from being registered (assuming the trademark is otherwise registrable) absent an opposition if the applicant intends to register it without intending to use it in connection with the specified products and services. While opposing an application on the grounds [...]

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