Insights
CNIPA publishes trademark infringement criteria
By Ai-Leen Lim | Posted on October 15, 2020
To help strengthen and guide trademark law enforcement, provide uniform criteria for law enforcement, strengthen the protection of exclusive rights to use trademarks and create a good business environment, the China National Intellectual Property Administration (CNIPA) has enacted the Criteria for Judging Trademark Infringement (Criteria), which went into effect on June 15, 2020. The Criteria...
Nobel prize awarded to Crispr-patent tussle party Charpentier and Doudna
By Joanna Applequist | Posted on October 7, 2020
The Nobel committee has announced that this year’s prize in Chemistry is awarded to Doudna and Charpentier for their groundbreaking research leading to the development of the Crispr-Cas 9 technology, often referred to as the gene scissors. The Crispr-Cas 9 technology was first published as a scientific paper in 2012 by Doudna and Charpentier. This...
Tags: Broad Institute, Crispr-Cas 9, Nobel, Patent, UC Berkley
EU requires manufacturers to disclose scientific documents during risk assessment for food chain production
By Eric Van Malderen | Posted on September 30, 2020
The European Food Safety Agency (EFSA) is in charge of the registration into the European Union of novel foods and feeds, food and feed additives, food and feed contact materials, GMO’s, plant protection products, food and feed enzymes as well as food and feed flavourings. To increase the legitimacy and credibility of their opinions, food...
Tags: EFSA, EU, European Union, Food, Manufacturing, patents, trade secrets
Boost for brand owners as Denmark introduces Product and Market Surveillance Law
By AWA | Posted on August 21, 2020
On 4 June 2020 the Danish Parliament passed the Product and Market Surveillance Law, which concerns product safety and provides increased powers to the authorities to take action against online retailers such as Amazon, Wish and AliExpress in a move that can be seen as a boost for brand owners. Denmark’s latest legislation supplements Regulation 2019/1020 on...
Tags: brands, Denmark, market surveillance, online, products, Trademark
China Patent Law Update: Second Reading of Draft Amendments
By AWA | Posted on August 11, 2020
The Standing Committee of the National People’s Congress released the second reading of the draft amendments to the PRC Patent Law in July, with comments on the draft due by August 16, 2020. Compared to the previous draft amendments in 2019, the most significant change reinstates partial design protection. This was suggested in an earlier...
Amendments to Hong Kong’s Trade Marks Ordinance paves the way for Madrid Protocol
By AWA | Posted on July 7, 2020
The Trade Marks (Amendment) Ordinance 2020 was gazetted on June 19, 2020. While the Amendment does not introduce any substantive changes to the underlying Hong Kong trademark laws, it does provide a basis in Hong Kong Law for the application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid...
Tags: Hong Kong, Intellectual Property, IP, Madrid Protocol, trademarks, WIPO
Court decisions highlight challenges using copyright to protect designs in Denmark
By AWA | Posted on June 24, 2020
Two eagerly-awaited decisions from the Danish courts serve as a reminder that registered design rights offer greater protection over copyright in cases concerning lookalike products Both designers Ilse Jacobsen with rubber boots and Anne Black with a hanging flower pot, vase and jar with lid stated these products enjoyed copyright protection, but as seen in...
Tags: copyright, Denmark, design rights, designs, Infringement, marketing
How to fast track patent applications in China through prioritised patent examination
By AWA | Posted on June 24, 2020
The Patent Prosecution Highway (PPH) is often used by applicants to expedite patent examinations. In China, an alternative to speed up examinations is the prioritised patent examination. Prioritised patent examination is not a new concept in China. It was first introduced in 2012 and most recently amended in 2017 in the Administrative Measures for Prioritised...
Tags: china, CNIPA, green technology, new technology, patents, PPH, Priortised Patent Examination
Upcoming amendments to China’s Copyright Law
By Ai-Leen Lim | Posted on June 24, 2020
Long-awaited amendments to China’s Copyright Law introduce punitive damages for the first time, provide greater powers to the authorities when investigating infringement and capture the rapid developments in digital technology First enacted in 1991 and amended in 2001 and then 2010, China’s lawmakers began reviewing the third amendment (Draft) to the Copyright Law on April...
Tags: china, copyright, digital technology, enforcement, Infringement, punitive damages
Brands must take extra caution against counterfeits during Covid-19 pandemic
By Mette Parlev | Posted on June 5, 2020
Enhanced online brand protection and anti-counterfeiting measures are needed due to the current pandemic: as demand from e-commerce consumers increases, so does the market for counterfeits. Background A recent report from EUROPOL, the European Union’s law enforcement agency, provides an overview of how criminals are adapting to profit from the covid-19 pandemic. Findings include that...
Tags: anti-counterfeiting, Coronavirus, COVID-19, enforcement, EU, Europe, trademarks
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