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Tag: Intellectual property

Buckle up

CRRC’s top counsel explains how to ensure overseas compliance

IP-related issues to be wary of in M&A

By Frank Liu, Shanghai Pacific Legal

KAL Radio out of tune on copyright

By Manisha Singh and Simran Bhullar, LexOrbis.

International recognition of Philippine IP strategies

By Ramon Emil Olea, Federis & Associates
As patent practitioners in Asia, the author is often asked whether or not our patent protection system provides legal protection to computer-implemented inventions

AI’s right to legal identity in India

By Vaishali Mittal and Siddhant Chamola, Anand and Anand
Advocates of IP and economic growth have consistently propagated the cause of recognising AI inventions in law. However, this is different from the issue that debates granting legal recognition to AI as an independent entity

Kolin decision brings final relief to Philippine trademark confusion

By Mila Federis, Federis & Associates
The recent decision in Kolin Electronics (KECI) v Kolin Philippines International (2021) came as a relief to erase the confusion by the court decision that allowed two unrelated companies to register one identical trademark for clearly related goods

The yes, no, maybe of 2021 intermediary rules

By Safir Anand, Anand and Anand
There has been an ongoing debate on the yays and nays of the 2021 intermediary rules, primarily because India is set to begin enforcing a new set of rules that fundamentally changes the way the internet will be experienced in the country

International recognition of Philippine IP strategies

By Amanda Carlota, Federis & Associates
For the eighth consecutive year, the Philippines remained off the Special 301 Report, an annual report published by the US Trade Representative on the state of IP rights protection and enforcement around the world

China’s new Patent Law introduces open licence scheme

By Qi Yongqiang, Corner Stone & Partners

Assessment of evidence in software copyright infringement

By Tim Meng and Dong Shi, GoldenGate Lawyers

China’s IP makeover

Top-down intellectual property reforms include major judicial and legislative change, solving problems that have affected enterprises for decades. But do the changes go far enough?

Solving the IP puzzle

The blueprint for China’s top-down intellectual property (IP) reforms includes piecing together major judicial and legislative change, solving problems that have affected enterprises for decades. But do the changes go far enough?

How to effectively refute the defence of legitimate source

By Chen Jian, Sanyou Intellectual Property Agency

Where does liability lie in domain name infringement?

By Saif Khan and Shobhit Agrawal, Anand and Anand
There exists an imminent need for all stakeholders to collaborate and come up with a domain name framework that ensures that private rights and public interests are secured

Philippines’ proposed ITA shakes up online retail

By Michael Ryan Natividad, ACCRALAW
Online retail and other e-commerce services are now a mainstay of Philippine commerce. The exponential rise and consequent prevalence of online purchases are partly due to the covid-19 pandemic lockdowns that have constrained the consumer to stay at home

Philippines strikes back against counterfeits and piracy

By Amanda Carlota, Federis & Associates
In reports recently published on its official website, the Intellectual Property Office of the Philippines (IPOPHL) revealed that filings in 2020 for all types of intellectual property (IP) were down from 2019, while reports and complaints of IP violations went up dramatically compared to previous years

Advice for international marks with retail services in China

By Nick Ji, Corner Stone & Partners
It is well known that the China Trademark Office (CTMO) has refused to accept retail as a valid service in class 35 trademark applications over many years. In many other countries, however, retail service is acceptable for trademark registration in class 35

Eyes on the spies

Meant to protect companies, anti-counterfeit services agencies can create their own fair share of problems, so watch them closely

Outsourcers are protected against IP infringement

By Manisha Singh and Simran Bhullar, LexOrbis

NBA v PPS on unauthorised broadcast of games

By Steve Zhao and Lily Dong, GEN Law Firm

IP licensing during the pandemic

Intellectual property lawyers in India and the Philippines, two of the region's most affected countries, explore how compulsory licensing regulations may assist in fighting the pandemic

Philippines steps up rules of procedure for IP rights cases

By Amanda Carlota, Federis & Associates
The Supreme Court’s Revised Rules of Procedure for Intellectual Property Rights Cases took effect on 16 November 2020, amending the rules that had been in place since 2011. The revised rules apply to all Regional Trial Courts designated by the Supreme Court as Special Commercial Courts, which have jurisdiction over intellectual property (IP) rights cases

IP profit v human loss

With covid-19 vaccines rolling out, the question of compulsory licensing weighs up IPR profit and protection against public health and access

Can the IP protection war ever be won?

By Frank Liu, Shanghai Pacific Legal

Important matters in trademark trading and transfer

By Claire Zhao, Sanyou Intellectual Property Agency

Practical issues in trade secret infringement cases

By Liu Qinghui, AnJie Law Firm

India eases working requirements of patents

By Vidisha Garg, Anand and Anand
The Patents (Amendment) Rules, 2020 have great significance as they provide huge relief to stakeholders, with many glitches being removed and creases ironed out, thereby easing the requirements to a great extent

Avoiding trademark infringement in cross-border e-commerce

By John Xia, Corner Stone & Partners
Cross-border e-commerce has become a new point of economic growth yet the contradiction between the regionalism of trademarks and the globalism of cross-border e-commerce platforms pose a new problem for the development of global intellectual property rights

Toys are marching towards autonomy and growth

By Manisha Singh and Neha Manoria, LexOrbis

Issues needing attention within Export Control Law

By Chen Yuxuan and Li Mingtao, Yuanhe Partners

Evidence fixation in intellectual property cases

By Frank Liu and Sandy Shan, Tiantai Law Firm. 

Clarity of claims in patent applications and the case of ‘Xiao-I’

By Tao Haiping and Tian Yong, Sanyou Intellectual Property Agency

Latest judicial practice on protection of trade secrets

By Jerry Xia and Wang Yulu, AnJie Law Firm

Anti-suit injunctions and the Xiaomi v InterDigital dispute

By Huang Wei and Yin Bei, Tian Yuan Law Firm

Moving targets

With IP infringers shifting pirated content to mirror websites following takedown orders, Delhi High Court has started allowing dynamic injunctions to block new means of broadcasting the material

Protection in paralysis

With India’s legal enforcement machinery neutralised by lockdown, infringement activity has climbed to an all-time high. What can IP owners do to stay afloat?

Gauging substantive similarity in software copyright disputes

By Chen Jing, Commerce & Finance Law Offices

Reimagining INTA

The CEO of the International Trademark Association, Etienne Sanz de Acedo, talks to India Business Law Journal about his reinvention of the global flagship INTA Annual Meeting event with a bold move to the virtual sphere in this pandemic year

IP profit v human loss

Big pharma is racing to find covid-19 vaccines in the hope of profiting from a virtually limitless global demand, but governments are likely to step in to tilt the scale

Reimagining INTA

The CEO of the International Trademark Association, Etienne Sanz de Acedo, talks to Asia Business Law Journal about his reinvention of the global flagship INTA Annual Meeting event with a bold move to the virtual sphere in this pandemic year

Analysis of ‘fair use’ of trademarks in spare parts market

By Manish Biala and Ashutosh Upadhyaya, Anand and Anand
This article will be broaching the subject of “fair use” of registered trademarks by spare parts industries. There exists a huge spare parts market for automobile, home appliances, etc. where third parties, manufacture and sell spare parts

Practical advice on filing non-use cancellations in China

By Nick Ji, Corner Stone & Partners
Some may think that only trademarks that are unused can be successfully cancelled, but in the author’s experience about 70% of non-use cancellations can succeed, including many trademarks that are in actual use

NIPS gives teeth to Philippine IP protection regime

By Amanda Carlota, Federis & Associates
The National Intellectual Property Strategy aims to develop “an effective intellectual property system widely recognized and strategically utilized to benefit and uplift the lives of Filipinos”

A feud brews over a coffee trademark claim

By Manisha Singh and Simran Bhullar, LexOrbis

Controlling costs: deletion versus amendment of claims

By Vidisha Garg, Anand and Anand
Patent filings in India have increased from 47,854 patent applications in 2017-18 to 50,667 in 2018-19. Considering India has become such an important jurisdiction, the cost of filing patent applications has become a concern

Jumping the patent exam queue in the Philippines

By Ramon Emil T Olea, Federis & Associates
Depending on the technology of the invention sought for protection, it may take three to five years from filing or national-phase entry of the application to the patent being granted

Applying red-flag rule to e-commerce platform

By Zhenkun Fu, Corner Stone & Partners
If the facts of an infringement of copyright are as apparent as a fluttering “red flag”, the internet service provider (ISP) concerned cannot turn a blind eye

Emerging trends in patent legislation

Patent laws are fast evolving across the world, and nowhere more so than Asia. Emerging case laws and new legislation are helping shape stronger intellectual property laws for regional players

Strategy for settlement negotiation in IP infringement cases

By Frank Liu and Adam Zhu, Tiantai Law Firm

Landmark judgments further Indian IP regime

Patent laws are fast evolving across the world, and nowhere more so than Asia. Emerging case laws and new legislation are helping shape stronger intellectual property laws for regional players

Patent law 2020 to usher in new IP era in China

Patent laws are fast evolving across the world, and nowhere more so than Asia. Emerging case laws and new legislation are helping shape stronger intellectual property laws for regional players

Philippines IP office leads the way in covid times

Patent laws are fast evolving across the world, and nowhere more so than Asia. Emerging case laws and new legislation are helping shape stronger intellectual property laws for regional players

Jordan case shows protection for pre-existing right to a name

By Dorris Hu and Shu Yakai, Sanyou Intellectual Property Agency

Fighting piracy: A usual day at work for software giants

By Manisha Singh and Simran Bhullar, LexOrbis

Creative synergy

High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in today’s competitive world. An effective IP strategy built together can aid the organization to manage its IP portfolio and attain a significant portion of the earnings

The necessity of India’s confidentiality clubs

By Vaishali Mittal and Siddhant Chamola, Anand and Anand
The IP litigation landscape has changed dramatically in the past decade with businesses becoming more technology-driven and technology-dependent than ever before.

Recommended drafting practises for FFL disclosure

By Piyush Sharma and Joginder Singh, LexOrbis

Amending use claims in trademark cases

By Omesh Puri and Ruchi Sarin, LexOrbis

Practical issues regarding punitive damages

By Chen Zhixing and Lan Manfeng, AnJie Law Firm

Gaining the advantage against trademark squatters

By Frank Liu and Sandy Shan, Tiantai Law Firm

New trend in system of ‘dismiss first, sue separately’?

By Xiang Li and Lian Chenghe, Yuanhe Partners

Fame hard to attain in the Philippines

By Amanda Carlota, Federis & Associates
Over time, a trademark can achieve a level of public recognition and reputation that merits official acknowledgement. The key advantage of owning a famous mark is the expanded protection provided by article 6bis of the Paris Convention, which has been codified in sections 123(e) and (f) of the Intellectual Property Code of the Philippines

Don’t wait – register your design patent in China now

By Maggie Yang, Corner Stone & Partners
Registering your design patent first is the best way to avoid your design patent from being hijacked

A contemporary IP regime

A lot of changes are underway to strengthen the intellectual property (IP) system in India. This article captures a snapshot of several initiatives made in this direction

For better or worse: The legal limits of comparative ads

By Tusha Malhotra and Pankhuri Malik, Anand and Anand
Millions are spent every year by companies on comparative advertising, and many times these advertisements are taken down due to claims of disparagement.

Tipping Point

Intellectual property protection faces new challenges as the world readjusts to a post-pandemic reality and its associated trade tensions

First in line

A detailed analysis of Taiwan’s intellectual property regime: Trademark protection is obtained through registration and Taiwan follows the first-to-file system

Keeping in step with the times

Patent offices and courts have introduced proactive measures in response to the COVID-19 lockdown

Brands adopt stronger enforcement strategies

By Manisha Singh and Keya Joshi, LexOrbis

Revised IRR for patents, utility models and designs

By Ramon Emil T Olea, Patent specialist, Federis & Associates
The Intellectual Property Office of the Philippines (IPOPHL) in October 2019 released its proposed amendments to the revised implementing rules and regulations (IRR) for patents, utility models and industrial designs

Strategies for countering online infringement

By Frank Liu and Jerry Huang, Tiantai Law Firm,

Application of punitive damages in TM infringement cases

By Mi Tai, Sanyou Intellectual Property Agency

Dealing with delays at the IPO

The Patent Office making exceptions for delays to applications due to COVID-19 is welcome, but it should adopt more applicant-friendly policies for other cases too

Copyright and judicial proceedings

Is copyright infringed if documents are copied for the purposes of judicial proceedings?

Out of harmony

Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters

FFL requirement for newly added subject matter

By Piyush Sharma, LexOrbis

Recourse measures for apprehension of infringement

By DPS Parmar, LexOrbis

Gin and the jam over ‘genericness’

By Mila Federis, Federis & Associates

The intellectual property game in the Sino-US trade war

By John Xia, Corner Stone & Partners

Minefields in patent due diligence for high-tech financing

By Tang Huadong and Zhong Yueping, Merits & Tree Law Offices

Are copyright infringement offences cognizable or not?

By Akanksha Kar, LexOrbis

Preventing TM dilution into a generic name

By Brenda Zhao, Corner Stone & Partners

Proposed changes to Philippine design application filings

By Mila Federis, Federis & Associates

Why do right holders sometimes lose against infringers?

By Frank Liu, Tiantai Law Firm

How foreign parties prepare appointment procedure documents

By Pang Dongcheng, Sanyou Intellectual Property Agency

Patent processes: Who carries burden of proof?

By Swati Gupta, LexOrbis

Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis

Can you avoid the pitfalls in TM arrangements?

By Frank Liu and Adam Zhu, Tiantai Law Firm

Decision on misapplication of evidence preservation in IP suits

By Geng Yunfeng, Sanyou Intellectual Property Agency

Potential for foreign TM protection in India

By Tusha Malhotra and Rashi Punia, Anand and Anand

Overcoming trademark refusal in China

By Nick Ji, Corner Stone & Partners

iTerm too descriptive for internet insurance policies

By Keya Joshi, LexOrbis

The risk of giving ground in patent applications

By DPS Parmar, LexOrbis

Parallel imports and brand protection strategy

By Li Jiaming, Dentons

The gameplan

China deploys reforms to buoy its economy

Patents of addition lack examination procedures

By Preeti Sharma, LexOrbis

Growing role of declaration of non-infringement

By DPS Parmar, LexOrbis

New guides

By Huang Hui and Paul Ranjard, Wanhuida Intellectual Property

Ensuring technology transfer between industry, academia

By Pradeep Kumar Kamal and Pankaj Musyuni, LexOrbis

Commercializing patents: Methods and challenges

By DPS Parmar, LexOrbis

Under attack

In-house counsel snaps back at US IP report's rebuke of India

Food safety and standards regulation

By Navarre Ebenezer Roy, Anand and Anand

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