Search results - found 26
AustraliaAustralia gets into line with international practice (Market intelligence)
The Australian government continues to reform Australian law and practice, seeking to align IP law in Australia with that of its major trading partners. In the last year the spotlight has continued to focus on patent reform. Given the relative infrequency of litigation in Australia, it was also a welcome development that both the Trademarks Act 1995 and the Designs Act 2003 were considered by higher courts for the first time, albeit without any startling changes to accepted jurisprudence.
China & Hong KongChina and Hong Kong step up IP protection (Market intelligence)
Many new laws, regulations and judical interpretations have been released in the two years since the National IP Strategy was promulgated. The judicial and administrative authorities have also been vigorous in helping both foreign and local IP owners to enforce their rights. In addition, IP filings in all fields have significantly increased, despite the global financial crisis.
IndiaA study of Indian companies and their approach to brand valuation (Market intelligence)
It is well established that valuing brands is essential when assessing a company’s market position. This chapter showcases some of the top-ranked Indian companies which have successfully leveraged their brands in addition to their global operations, overseas expansions and a strong foothold in the domestic market to move up in the global rankings.
JapanHow firms should pay ‘reasonable value’ to employee-inventors (Market intelligence)
In January 2004 the Tokyo District Court issued a surprising decision concerning employee inventions. The lawsuit was brought by Shuji Nakamura, the inventor of blue-light-emitting diodes, against his former employer, Nichia Corporation, a closely held Japanese chemicals company, for the payment of ‘reasonable value’ for his invention. The court determined that the reasonable value to be paid to Nakamura for the invention’s transfer was approximately 60 billion (although the actual amount awarded was 20 billion, which was the amount demanded by Nakamura; it was also the largest amount to have been awarded in such a case at that date).
MalaysiaNew case law shakes up thinking on trademarks (Market intelligence)
This chapter reviews recently passed statutes on competition law and personal data protection and how they might interact with existing IP laws. It also examines several recent decisions involving trademark and company name disputes where certain issues were decided for the first time.
Sri LankaEnhanced investment opportunities in the post-conflict era (Market intelligence)
Now that nearly 30 years of civil war have finally ended, Sri Lanka is going through a phase of rapid economic development. The government’s economic strategy places special emphasis on creating a business climate that is conducive to local and foreign investment; already, improved economic development is creating attractive foreign investment opportunities in the post-conflict era.
TaiwanBiotech Take-Off Plan and new rules (Market intelligence)
Taiwan’s Executive Yuan announced its Biotech Take- Off Diamond Plan in 2009. The strategic plan is designed to strengthen trust in the infrastructure of IP protection through world-class expertise in integrating electronics and semiconductors, and to transform Taiwan into a regional hub for biotech research and development (R&D), manufacturing and operations. This strategic plan aims to provide an efficient mechanism to ease the transition between research and pre-clinical development for new drugs and medical devices. Under the plan, a biotech venture capital fund of $1.76 billion, the so-called ‘mega fund’, has been established for start-ups. In addition, several changes have been made to IP regulations and infrastructures in Taiwan in order to ensure good IP practice in Taiwan, especially in the field of biotechnology.
Standing equal on the global IP stage? (Market intelligence)
The Intellectual Property Laws Amendment (Raising the Bar) Act 2011 was passed in late February 2012, increasing patentability standards in Australia and aligning them more closely with legal tests in Europe and the United States.
Spotlight on IP rights protection and enforcement (Market intelligence)
China showed no signs of slowing down when it came to the protection and enforcement of intellectual property during the past year.
Welcoming in the new royalty regime (Market intelligence)
On June 21 2012 the Copyright Amendment Act 2012 came into force, making the most significant changes to Indian copyright law since the introduction of the Copyright Act 1957. Although the law has been amended since 1957 (most notably in 1994), the new act constitutes a fundamental shift in copyright legislation.
Can watching YouTube be the basis for arrest under the Copyright Act? (Market intelligence)
On June 20 2012 the Diet passed a bill to amend the Copyright Act containing a provision on penalising illegal downloading. Somewhat surprisingly, this bill was passed quickly without substantive discussion, despite its controversial content.
Recent developments in licensing laws and their impact on IP owners (Market intelligence)
This chapter examines recent developments in licensing laws and their potential impact on businesses and IP rights owners and licensees in the context of trademark law.
Globally aligning the Australian IP environment (Market intelligence)
Due to a steady increase in jurisprudence created under the three most recent of Australia’s four major IP acts, and through ongoing amendment of the Patents Act 1990 (Cth) in particular, the Australian IP environment is becoming increasingly aligned with those of the world’s major IP jurisdictions. Although in the past the quality of Australian court decisions has varied, the fact that there is now a bench of experienced IP judges (including the chief justice of the High Court of Australia) which pays close attention to decisions in other jurisdictions means that IP case outcomes in Australia can increasingly be expected to mirror those elsewhere. This chapter highlights recent cases and changes.
Onwards and upwards: the fight to protect IP rights continue (Market intelligence)
China has continued to refine its legislative framework for the protection of intellectual property. Many new and draft laws and regulations concerning different aspects of IP rights have been issued over the past year. The judiciary and other enforcement authorities have also been active. Further, despite the slowdown in the Chinese economy, patent and trademark filings have increased.
Extending celebrity status to IP rights (Market intelligence)
Legendary Bollywood actor Amitabh Bachchan recently lent his voice to an unusual IP rights case in the media and entertainment industry. He spoke out against the unauthorised use of a soundalike of his distinctive deep baritone in an advertisement promoting a brand of gutka (chewing tobacco), an association which was detrimental to his image. Previously, Rajnikant, another legendary actor from the South Indian film industry, issued a legal notice warning against the imitation of his persona and character traits for commercial gain, including unauthorised advertisements, before the release of his film Baba. The legal notice published in various leading regional and national newspapers was an assertion by Rajnikant of his personality rights. While Indian celebrities have intermittently attempted to protect their personality rights, the law on this aspect has taken a long time to develop.
Recent amendments to the Patent Act (Market intelligence)
As technology has become more sophisticated and complex in recent years, companies can no longer rely solely on their own development activities. In order to speed up the development of new technologies and introduce to the market value-added products using such technologies, the use of outside resources is inevitable. Thus, there has been a trend towards open innovation, which is where a number of companies share technologies for research, development and production.
Courts tackle key issues: jurisdiction and broadcasting rights (Market intelligence)
This chapter explores two key decisions in Malaysian IP law: Yong Teng Hing B/S Hong Kong Trading Co v Walton International Ltd, a decision handed down by the Federal Court, the highest Malaysian appellate court, on jurisdiction; and MediaCorp News Pte Ltd v MediaBanc Sdn Bhd (2010 6 MLJ 657), a rare High Court decision on the issue of copyright in broadcasting.
Tackling the import of counterfeit products through border measures (Market intelligence)
As Sri Lanka is situated in an area where many international business and trade transactions take place particularly in regard to trade relations between the European Union, the United States and the emerging economies of East Asia many goods pass through Sri Lankan ports, through various channels of commerce. Among these transactions, a significant number of counterfeit products are often moved within and outside Sri Lanka. Therefore, the protection of IP rights at border crossings is vital to brand and copyright owners in order to safeguard their IP rights and sustain their businesses.
Overhauling the Trademark Law (Market intelligence)
In order to harmonise national legislation with international law, satisfy industry needs, optimise the trademark examination system and enhance trademark protection, in recent years the Legislative Yuan has been working on amendments to the Trademark Law, effectively revising more than 85% of the current provisions. The amended act was promulgated on June 29 2011 following a first draft in 2007. Although the effective date of the amended law has not yet been
AustraliaManaging intellectual assets in the changing IP landscape (Market intelligence)
Most companies operate in a competitive and changing environment. Those at the helm need to reassess continually the company’s commercial strategy and understand the changing IP landscape and the company’s freedom to operate, while at the same time seeking to strengthen the company’s position through effective management of its intellectual assets. A number of Australian decisions issued this year have changed the IP landscape and have implications for the management of a company’s intellectual assets, including its patenting strategy.
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