Indonesia’s New Trademark Law – An Overview of the Changes

trademarkToday’s blog post has been kindly drafted for us by our South-East Asia IPR SME Helpdesk expert Mr.  Somboon Earterasarun from Tilleke & Gibbins. In this article, Mr. Earterasarun gives a comprehensive overview on the latest changes in Indonesia’s Trade Mark Law that came to force in November  last year. 

The Indonesian Parliament approved amendments to the country’s Trademark Law on October 27, updating the Trademark Law No. 15, which had been in force since 2001. The amended Trademark Law has now entered into force—it took effect on November 28, 2016—introducing a number of significant changes that refine current practices, add new features, and clarify certain provisions.

Some of the major changes include provisions designed to speed up the examination process. The new law also increases criminal penalties and provides more clarity on preliminary injunctions, both of which may help lead to better enforcement. Another change relating to the transfer of ‘‘associated marks’’ may be particularly important to international rights holders who need to transfer registrations to business partners.

Publication and Substantive Examination

Under the new Trademark Law, the publication stage—during which oppositions can be made—must now take place before the examiner conducts the substantive examination stage (i.e., the stage in which the distinctiveness and similarity to prior-registered marks are examined). The publication stage now lasts for two months, instead of three months. It is also the only opportunity for trademark owners to oppose third-party applications prior to registration. Continue reading “Indonesia’s New Trademark Law – An Overview of the Changes” »

IP Protection Strategies for App Developers in China

8585049088_9d1dbcdf1f_kDue to the size of the market, increasing disposable income and smartphone addiction China is an attractive market for European app developers who are wishing to expand to new markets. European app developers should, however, pay attention to protecting their IP rights in the country, because IP infringements are still commonplace in China.In today’s blog post we’re taking a closer look at how European app developers could best protect their business against IP violations in China. 

China has increased the per person spending on games and other apps 10 times since 2014. This rapid growth, stimulated by the release of the iPhone 6 and 7 and heavy investment in Apple’s retail presence in the country, has pushed China to the top spot for App downloads worldwide[1].

Asia is leading a mobile revolution, replacing older, less transportable technologies with a ‘mobile-first’ tech culture. Smartphone penetration in China is far deeper than anywhere in the West, many new users skipping desktop computing entirely in their adoption of smartphones and tablets[2]. In China alone it is estimated that there are more than 700 million active smartphones and there is still potential for further growth as lower cost alternatives increasingly cater for the lower end of the market.

These statistics, coupled with recent developments in Chinese mobile user payment structures makes China a very attractive market for existing and potential app developers, with content creators flocking to take advantage of the newly minted market. Continue reading “IP Protection Strategies for App Developers in China” »

Proposed Changes to Singapore Patent Regime and Their Implications to European SMEs

patent-without backgroundToday’s blog post is taking a closer look at the proposed changes to  Singapore Patent Regime and explains their implications to European SMEs wishing to patent their inventions in Singapore.

Singapore is currently in the process of amending its patent regime as the government has submitted the proposed amendments for public consultation due to end on 15 August 2017.  Major amendments concern the examination guidelines on isolated products from nature; third party observations; patent re-examination option; the examination guidelines on the new patents grace period and amendments to Patents Rules concerning patentable subject matter and supplementary examination. The aim of these proposed amendments is improving Singapore’s patent regime and further increasing the confidence of stakeholders and investors in Singapore’s patent regime[1].

Patent examination guidelines on isolated products from nature

In order to have a more balanced patent regime, the Singapore Government is proposing to clarify the distinction between ‘inventions’ and ‘discoveries’ as applied to the issue of isolated products found in nature. According to the new proposal isolated or purified materials or microorganisms that can be found in nature would represent a discovery and would not be an invention – thus these materials or microorganisms would not be eligible for patent. At the same time, if a new use of the isolated or purified material or microorganism is found, then the new use can be claimed and it can also be patented.  Furthermore, the new proposal states that “in the case of an isolated material or microorganism which has been modified such that the modified material or microorganism can be clearly distinguished from the isolated or purified naturally occurring material or microorganisms, then not only can the modified material or microorganism be claimed but also any new use of the modified material or microorganism”.[2] In this case both the new material and new use can be patented. Continue reading “Proposed Changes to Singapore Patent Regime and Their Implications to European SMEs” »

Managing your Intellectual Property as a Business Asset in China

shutterstock_237576058Intellectual property rights are important, as they protect the company against counterfeiting and other types of infringements. At the same time, intellectual property rights can also be financial assets that provide security for financing. Thus IP rights could also be managed as financial assets. In today’s blog post we are taking a look at how to manage your IP rights as financial assets in China.

Introduction  

For most businesses, intangible assets represent more than 50% of the value of the enterprise. The most significant group of intangible assets are those protected by intellectual property such as inventions, designs and brands. Since they form such a large part of the overall value, their management as financial assets is important to the success of the business.

Businesses that actively manage their IP as a financial asset outperform their peers by up to 30%. They do so by maximising the effectiveness of investment in the business, driving performance in areas that produce the best return and managing operational risk. They may also use their IP assets as security to obtain various forms of funding. Moreover, there are opportunities to gain strategic advantage in relation to the sale or purchase of a business.

Understanding the financial value to the business of specific IP assets is of particular importance when moving into a new market – product or geographic – because there will be new risks as well as opportunities. China presents some special challenges, and practical steps to protect the value of IP assets are often as important as legal ones. This article discusses how IP assets matter from a financial perspective and assesses how to manage them to the greatest business advantage. Continue reading “Managing your Intellectual Property as a Business Asset in China” »

Most Common IP Problems when Operating Internationally: Focus on South-East Asia

copyright page 4South-East Asia has become an increasingly popular destination for the European SMEs as the rapid economic development in the region has created many promising business opportunities for European SMEs. Even though many South-east Asian countries have good IP laws and regulations in place, counterfeiting and other IP violations are still commonplace in the region. In today’s blog post the South-East Asia IPR SME Helpdesk addresses the most common IP issues that European SMEs encounter when expanding their business to South-East Asian countries. 

Underpinned by the fast development, South-East Asia is offering many business opportunities for European SMEs. At the same time, a clear vision of an IP strategy in South-East Asia can impact a company’s growth and prevent loss of revenue further down the road. Taking the time to collect IP information on local practice can help SMEs exploit opportunities or avoid pitfalls by taking informed decisions in a new market. During the latest International Helpdesks Annual Stakeholders Meeting in Brussels, IP experts discussed main IP related challenges in South-East Asia. This article summarizes main take-away messages for SMEs wishing to start a business in South-East Asia. EU SMEs are always welcome to use the Helpdesk’s enquiry helpline to receive first-line advice tailored to their needs, says Valentina Salmoiraghi, IP Business Advisor of the Helpdesk. Continue reading “Most Common IP Problems when Operating Internationally: Focus on South-East Asia” »