The 2016 Amendment to Thailand’s Trademark Act – Its Changes, Significance, and Consequences

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trademarkThailand has issued new amendments to its Trademark Act, which will enter into force in the end of July, this year. In order to  allow you to familiarize yourselves with the upcoming changes, our IPR SME Helpdesk expert Mr. Franck Fougere from Ananda Intellectual Property has kindly drafted for us a blog post explaining the amendments to the Trademark Act and discussing their significance for the SMEs.

The widely forecasted amendment to Thailand’s Trademark Act of B.E. 2534 (1991 A.D) will become effective on July 28, 2016. Significant structural policy changes will include Thailand’s ratification of the Madrid Protocol and acceptance of sound marks for registration. Several other changes to be introduced via the Amendment will affect the mechanics of trademark registration and prosecution, and, thus, intellectual property (IP) strategy. Anticipated changes to the registration and prosecution process are discussed below. Continue reading “The 2016 Amendment to Thailand’s Trademark Act – Its Changes, Significance, and Consequences” »

Proposed Revisions to the Chinese Patent Law (December 2015)

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PatentToday’s blog post has been kindly brought to you by our IPR expert Mr. Toby Mak from Tee & Howe Intellectual Property Attorneys. In his article, which was first published in UK Chartered Institute of Patent Attorneys (CIPA) Journal,  Mr. Mak gives a detailed overview of the Chinese State Intellectual Property Office’s final draft of the proposed revisions to the Chinese Patent Law. 

In December 2015, the Chinese SIPO published their final draft of the proposed revisions (the proposal) to the Chinese Patent Law (the Law) to seek public opinion. Compare to the draft in April 2015 (please see my report in the May issue of the CIPA Journal), there are a lot of significant changes in this proposal, while many changes proposed in April 2015 were retained. This article reports these proposed revisions in the final draft, together with my comments.

As this article closely relates to mine published in May 2015 issue of the CIPA Journal, I will continue to use the same number scheme for various topics so that the two articles could be referred to each other.

To start with, let us have a look at the changes that have been retained and remain unchanged: Continue reading “Proposed Revisions to the Chinese Patent Law (December 2015)” »

IP Protection Strategies for the Manufacturing Industry in Indonesia

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Manufacture5The Republic of Indonesia is the largest economy in Southeast Asia and the 16th largest worldwide. It is also the most populous country in the region with an estimated total population of over 255 million representing a huge market opportunity for European trade.

Despite its size and status as an ASEAN economic heavyweight, Indonesia is currently only the EU’s fifth largest trading partner in the region. That said, growth in trade between Indonesia and the EU is steady, with EU imports to Indonesia rising 5.2% and Indonesian exports to Europe hitting 6.4% between 2014 and 2015[1], with total trade in 2015 reaching EUR 25.3 billion. Indonesia represents a fertile market for EU products and services, with rapid economic development, advances in technological capabilities and increasing disposable incomes leading to increased demand for quality machinery and products.

Whilst manufacturing represents a declining share of the economy in most developed countries, in Indonesia, manufacturing is one of the fastest growing industries. For example, private consumption and investment in the manufacturing sector have gone up by 10.5% in Indonesia, compared to 2015[2], prompting the industry to grow at a significant rate. Continue reading “IP Protection Strategies for the Manufacturing Industry in Indonesia” »

Protecting Your IP at Trade Fairs in South-East Asia

Page 1. 1.Protecting your IP at Trade FairsTrade fairs in South-East Asia provide European SMEs with the opportunity to present their innovations and ideas to potential business partners and customers whilst also allowing them to learn from and collaborate with other innovators. There is, however, a risk in that disclosing their innovations to the public may leave them exposed to third parties copying and infringing their IP. Infringement of innovations may not necessarily be straightforward ‘counterfeiting’ – i.e. exact product, packaging and brand imitation. It is more likely that competitors could be using, intentionally or otherwise, a certain part of a European SME’s product or innovation. It is therefore advisable to be as diligent as possible and to get to know your competitors’ products.

SMEs planning to attend trade fairs should therefore be aware of potential for IP infringements and of the measures that they can take to protect their products. A practical and realistic approach must be taken when preparing for and attending trade fairs. IP owners must also be patient and pragmatic, as it is unlikely that immediate action can always be taken against the infringer. There are, however, steps that IP owners can take before, during and after the event to best protect their IP. Continue reading “Protecting Your IP at Trade Fairs in South-East Asia” »

Things to Consider before Filing a Trademark Application under the Madrid Protocol in Thailand

FotorCreated222Following an exciting webinar on the Madrid International Trade Mark System last week, our IPR SME Helpdesk  Expert Mr. Franck  Fougere  from Ananda  Intellectual Property has kindly drafted for us a blog post on the pros and cons of filing a trade mark application under the Madrid Protocol in Thailand.

The Madrid Protocol is a system that facilitates trademark applications in multiple countries. Thailand is expected to join the Madrid Protocol before the end of 2016. There are, however, issues that the prudent business owner should consider before filing a trademark application via the Madrid Protocol. These issues are of particular importance  for Thai businesses that plan to file applications in Thailand. Continue reading “Things to Consider before Filing a Trademark Application under the Madrid Protocol in Thailand” »