Enforcing IP Rights with the Customs in Vietnam: A Case Study

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Posted on 16-Aug-2017 by Edoardo Caroli

shutterstock_118547785 Border control can be an effective means for European SMEs for enforcing their IP rights in Vietnam, and it serves the purpose of preempting and suppressing IP counterfeits of SMEs’ products at Vietnam’s borders. Border control has gained more attention over the past few years from business owners wishing to protect their IP in Vietnam as the Vietnamese government recently granted the Customs more powers, making it more efficient.

Even though, Vietnamese Customs are actively looking for possible infringing products crossing the border of the country, it is advisable for the European SMEs to actively cooperate with the Customs authorities by recording their IP with the Customs and by actively monitoring the market and letting the Customs know of suspected infringing shipments, to fully benefit from the Customs protection.

How does Customs Protection Work

Vietnamese customs laws prohibit the importation of goods that infringe IP Rights, and Vietnamese Customs has the authority to impose fines on infringers and confiscate infringing goods for import. However, infringing goods for export are not subject to any penalties imposed by the Vietnamese authorities so far. If the infringement of IP Rights exceeds a certain threshold, the Customs authorities can also arrange criminal proceedings to be brought against the infringing party. Continue reading “Enforcing IP Rights with the Customs in Vietnam: A Case Study” »

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

Posted on 10-Aug-2017 by Helika Jurgenson

Today’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” »

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

Posted on 2-Aug-2017 by Helika Jurgenson

Today’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” »

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

Posted on 27-Jul-2017 by Helika Jurgenson

South-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” »

IPR Protection for the Chemical industry in Malaysia

Posted on 21-Jul-2017 by Helika Jurgenson

The chemical industry in Malaysia has recently caught the interest of many European SMEs as the industry offers several promising business opportunities for the European companies. Since counterfeiting and other IP violations are still commonplace in Malaysia, South-East Asia IPR SME Helpdesk has decided to address the issue of IP protection in Malaysia in today’s blog post, focusing especially on the chemical industry.

Malaysia’s chemical industry

Malaysia’s chemical trade with the European Union, excluding pharmaceuticals, reached 1.19 billion euros in 2015, equalling 8.4% of all EU exports to Malaysia. Chemical imports into the EU reached 1.03 billion euros, a total of 5.3% of all EU imports from Malaysia[1]. The chemical industry feeds into most of Malaysia’s other major industries, including automotive parts, electronics, and construction equipment, and is dominated by petrochemicals (43.6%, with major exports consisting of polymers of ethylene in other forms, methanol, and saturated polyesters in primary forms) and oleo-chemicals (21.9%, with major exports consisting of industrial fatty alcohols, palm fatty acid distillates, stearic acid, soap noodles, and acetic acid)[2]. Major chemical production centres include dedicated zones in Gebeng, Kertih, Pasir Gudang, and Pengerang. Continue reading “IPR Protection for the Chemical industry in Malaysia” »

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