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Myanmar Trademark Law Latest Update in 2023
11 Jul

Myanmar Trademark Law Latest Update in 2023

Following amendments to the Myanmar Trademark legislation in 2019, a soft opening to implement the updates in the law and the new electronic filing system began on 1 October 2020, with the soft opening scheduled to last 6 months until the Grand Opening. The Myanmar Intellectual Property Department (IPD) issued the following announcement on January 12, 2023: (a) Grand opening date- The Trademark Law (2019) is scheduled to go into effect in March 2023. (b) Once the new law is in effect, applications [...]

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well-known trademark in Vietnam, well-known trademark, notes on well-known trademark in Vietnam, regulations on well-known trademarks,
10 Jul

Well-known trademark in Vietnam

Well-known trademark is a relatively new and complex concept in Vietnam. Currently, there are no specific criteria to determine a well-known trademark. Typically, a well-known trademark is recognized if, in a dispute, the court rules that one of the disputed trademarks has achieved widespread awareness among the public and consumers, and therefore does not require registration/cannot be infringed upon. Well-known Trademark The concept of a well-known trademark refers to a trademark that has achieved a high level of recognition and reputation [...]

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New political agreement to strengthen the protection of European industrial and craft goods in the EU
09 Jul

New political agreement to strengthen the protection of European industrial and craft goods in the EU

The EU Commission welcomes the European Parliament and Council’s provisional political agreement on a new Regulation to protect intellectual property for craft and industrial goods that rely on the uniqueness and originality of traditional skills from their regions. Glass, textiles, porcelain, cutlery, pottery, cuckoo clocks, musical instruments, and furniture will all be covered under this framework. While such products benefit from an EU and sometimes global reputation and standing, manufacturers have so far lacked an EU program that recognizes and protects the geographical [...]

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Vietnam issues first legal document on Personal Data, Decree No. 13/2023/ND-CP, Decree No. 13/2023/ND-CP on Personal Data Protection, PDP Decree of Vietnam,
13 Jun

Vietnam issues first legal document on Personal Data, Privacy Rights Protection

Vietnam will soon have the first legal document on personal data and privacy rights protection of relevant agencies, organizations and individuals with the issuance of Decree No. 13/2023/ND-CP on Personal Data Protection (PDP Decree) on April 17, 2023, effective from July 1, 2023. According to the PDP Decree, data processing activities include collecting, recording, analyzing, validating, storing, editing, disclosing, combining, accessing, retrieving, encrypting, decrypting, copying, sharing, transmitting, providing, transferring, deleting, destroying and related actions will have specific provisions, the most [...]

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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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