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A look at the fourth time revised China's Patent Law

A look at the fourth time revised China’s Patent Law

The 22nd Session of the Standing Committee of the 13th National People’s Congress debated and endorsed the Decision on Amending the Patent Law, and the modified Patent Law has been implemented since June 1, 2021. The present modification to the Patent Law is based on three principles: (1) increasing patent protection; (2) encouraging patent working and application; and (3) improving the patent granting system. Patent protection is being strengthened At the moment, there is a disconnect between the effect of patent protection [...]

CNIPA announced new procedures to expedite trademark examination, new procedures to expedite trademark examination in China, China new procedures to expedite trademark examination, China trademark examination, examination trademark in China, China trademark, trademark in China

CNIPA announced new procedures to expedite trademark examination

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Rapid Examination of Trademark Applications (hereafter referred to as “the Measure”). The following are the most important provisions: Prerequisites applicable Article 2: An application for trademark registration under any of the following circumstances may request rapid examination: The trademark involves the name of a major national or provincial program, key project, important scientific and technological infrastructure, big event, large exhibition, etc., and the trade mark is in [...]

Notes on Patent Practice in Japan, patent practice in Japan, patent in Japan, Japan Patent, Japan, patent, Japan patent application, patent application in Japan

Notes on Patent Practice in Japan

Each country follows its unique patent laws. The Japanese patent system is also distinctive in certain ways. The goal of this article is to give you with easy-to-understand notes on aspects of Japanese patent processes that may be distinctive. Human surgery, therapy, or diagnosis methods are not patentable under Japanese patent law. However, the fact is that the JPO’s decision of whether a claimed invention falls under this group is not always straightforward. Thus, carefully selecting the language of a [...]

The Intellectual Property Office of the Philippines (IPOPHL) cooperates with the Content Overseas Distribution Association (CODA) to fight piracy, The Content Overseas Distribution Association, IPOPHL cooperates with CODA to fight piracy, IPOPHL's collaboration with CODA,

The Intellectual Property Office of the Philippines (IPOPHL) cooperates with the Content Overseas Distribution Association (CODA) to fight piracy

The fight against piracy and counterfeiting has never been easy. IPOPHL has built up its reputation as one of the top IP Office that has the most actions condemning this state. Recently, as its latest effort, the Intellectual Property Office of the Philippines (IPOPHL) has cooperated with the Content Overseas Distribution Association (CODA) to fight piracy, especially for Philippine and Japanese works in their respective countries. A Memorandum of Understanding (MOU) has been signed between IPOPHL and the Content Overseas [...]

Trademark updates in Myanmar, Myanmar: Trademark updates, Trademark updates, Myanmar Trademark updates,

Myanmar: Trademark updates

The soft-opening period, which began on October 1 2020, was first announced by the Ministry of Commerce in Order No. 63/2020, dated August 28 2020. The order did not mention the closing date of the soft-opening period, but many were counting on the soft-opening period finishing after six months. The soft-opening period for refiling trademarks signals the end of a lengthy process of setting the framework for Myanmar’s new IP protection regime. IP owners should anticipate to see the progressive [...]

Formal Pre-Grant Third Party Observation and Post-Grant Re-Examination Procedures in Singapore

Formal Pre-Grant Third Party Observation and Post-Grant Re-Examination Procedures in Singapore

The Intellectual Property Office of Singapore (IPOS) has recently introduced some amendments to the Singapore Patents Act and Rules. The amendments mainly focus on enhancing the Dispute Resolution Processes of Singapore’s patents regime, as summarised below. Pre-Grant Third Party Observation The IPOS established a new pre-grant third-party observation process, which allows third parties to formally submit observations on a patent application’s patentability at any time between the application’s publication and the issuance of the relevant examination report. There was no formal mechanism [...]

USA: Rule Changes Under the Trademark Modernization Act, Rule Changes Under the Trademark Modernization Act in USA, Trademark Modernization Act in USA, USA Rule Changes,

USA: Rule Changes Under the Trademark Modernization Act

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 (TMA) went into force. The new rules and procedures are comprehensive, addressing a variety of issues of trademark law, including litigation and USPTO practice. Presumption of Irreparable Harm The TMA emphasizes that irreparable injury can be presumed in claims for injunctive relief by persons seeking to enforce already registered trademarks through the courts. Since the U.S. Supreme Court’s patent related decision in eBay Inc. v. MercExchange, 547 U.S. 388 [...]

Global patent applications hit the new high in 2021

Global patent applications hit the new high in 2021

According to the United Nations, a record number of international patents were submitted last year, demonstrating that the epidemic had not hindered innovation. Despite the massive human and economic toll of Covid-19, foreign patent applications continued to rise, with Asia, and particularly China, maintaining their leading positions. According to the UN’s World Intellectual Property Organisation’s annual review, a record 277,500 worldwide patents were submitted in 2021, up 0.9 percent from 2020. International patent filings increased for the 12th year in [...]

Thailand finalizes new Trademark Examination Manual, new Trademark Examination Manual of Thailand, Trademark Examination Manual of Thailand, new Trademark Examination Manual

Thailand finalizes new Trademark Examination Manual

Thailand’s Department of Intellectual Property (“DIP”) released its finalized trade mark Examination Manual (“Examination Manual”) on January 17, 2022. The final Examination Manual is an improvement over the prior Manuals and Draft. The Examination Manual gives examiners guidance for trade mark examination in areas where the Trademark Act leaves it up to them. Since January 17, 2022, all trade mark applications, including those filed prior to that date, have been examined using the new Examination Manual. The final Examination Manual is [...]

Common problems of trademark use in China, problems of trademark use in China, trademark use in China, Standardised use of trademarks,

Common problems of trademark use in China

Trademark registrants are required to utilize their registered trademarks in a standardized and continual basis, in addition, maintain their distinctiveness. However, trademark owners with a large number of registered trademarks may face difficulties. The PRC’s Criteria for Trademark Examination, Review, and Adjudication define trademark use refers to the commercial use of a trademark, including the act of using the mark on goods, product packaging or containers, and commercial transaction documents, or in advertisements, exhibitions and other commercial activities, to distinguish [...]

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