Category Archives: IP Protection Tools

Copyright Protection in Brunei Darussalam

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shutterstock_176603774In today’s blog post we are taking a look at the copyright protection in Brunei Darussalam, the smallest nation in ASEAN. You’ll learn how to protect your copyright and what actions are there available in the case of a copyright infringement. 

Background for EU SMEs

Brunei Darussalam is one of the 10 countries of the Association of South-East Asian Nations (ASEAN).  Despite being one of the smallest ASEAN countries, it is also one of the wealthiest nations in the South-East Asian region. Brunei Darussalam has an annual GDP of EUR 10.6 billion[1] and most of its revenue comes from the exports of crude oil and natural gas.

The European Union is Brunei Darussalam’s 5th largest trading partner. The EU’s Key exports to Brunei Darussalam include pearls, precious metals, transport equipment and machinery and appliances. The EU’s key imports from Brunei Darussalam include machinery and appliances, optical and photographic instruments, pearls and precious metals.

Brunei Darussalam’s legal system is based on English Common Law and since the year 2000, Brunei Darussalam has passed various legislations on trade marks, industrial designs, copyright and patents. Brunei Darussalam’s IP legal system is in compliance with international standards, complying with international agreements and treaties administered by the World Intellectual Property Organisation (WIPO). It is a member of a number of conventions including the Paris Convention, the Berne Convention, the Patent Cooperation Treaty (PCT) and the Hague Agreement Concerning the International Registration of Industrial Designs. Brunei Darussalam is also a signatory of the TRIPS agreement. Continue reading “Copyright Protection in Brunei Darussalam” »

Registering New Top Level Domain Names in China

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shutterstock_167099189E-commerce is rapidly growing in China with Chinese consumers already making up for almost half of global online retail sales. This development offers lots of lucrative business opportunities for European SMEs. When entering Chinese market, a Chinese top level domain name often helps to attract customers. In today’s blog post we therefore focus again on top level domain names’ registration in China. 

Internet usage is booming in China. With more than 701 million ‘netizens’ (as of December  2016), China connects more people to the Internet than any other country. In fact, every fourth person on the Internet is from China. Facilitated by the increasing availability of broadband technology and the growing trend towards online shopping and purchasing, the Internet is an attractive business and marketing platform for many European SMEs. The China Internet Network Information Center (CNNIC) has also now removed barriers to overseas companies and individuals to register domain names in China, and it is recommended that European SMEs take advantage of this if they are planning on entering the Chinese market or are already in China.

New and Less Restricted Domain Name Requirements

From May 2012, .cn and .中国 domain name registrations became available again for private individual registrations (both Chinese and overseas). The process takes a few weeks and currently costs €50-€100.

The following steps are required:

  • Translate your domain names into Chinese and find an accredited registrar using either of these sources (domain name registration must be completed through an accredited registrar).

Continue reading “Registering New Top Level Domain Names in China” »

Patent Protection Case Study: The Importance of a Robust IP Enforcement Strategy

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shutterstock_166598477_blueEnforcing your patent rights in China could oftentimes be challenging as counterfeiters are also getting smarter and more innovative over time. However, if a European SME has a good IP enforcement strategy in place, it is possible to successfully defend your business against patent infringers. In today’s blog post we are taking a look at a case study involving a Spanish SMEs that experienced some issues with patent infringements. This case study shows the importance of a good IP enforcement strategy for the business success.

Case Background 

A Spanish SME in the scientific research and development industry has patents around the world and in China on certain cutting edge surgical instruments. At an international exposition of surgical instruments the Spanish Company discovers a Chinese company advertising their patented products under the name of the Chinese company. The Spanish company obtains flyers and photos of the products. However, the Spanish company is also concerned that the Chinese company might have defensive utility model patents in place. Since, utility model patents are approved quickly (usually within one year) and do require official examination on novelty, inventiveness and industrial applicability, this could potentially bar the Spanish company from entering the Chinese market. Continue reading “Patent Protection Case Study: The Importance of a Robust IP Enforcement Strategy” »

Trade Mark Revocation in Singapore: A Case Study

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tmEuropean SMEs who have fallen victims to bad faith trade mark registration in Singapore and elsewhere in South-East Asia have some opportunities of getting their trade mark back without having to pay a lot of ‘ransom’ money. If the unscrupulous company who registered the trade mark in bad faith  does not put the trade mark into genuine use, European SMEs could initiate a trade mark revocation process. in today’s blog post we are taking a look at the process of trade mark revocation in Singapore by analyzing an interesting case study.  

Trade Mark Protection in Singapore

Registered trade marks enjoy statutory protection in Singapore under the Singapore Trade Marks Act, which also recognizes three-dimensional signs (shapes) and sounds as trade marks, however trade marks based on taste and smell are not yet recognized and not registrable in Singapore. Singapore operates under a ‘first-to-file’ system meaning that the first company to register the trade mark will own the trade mark irrespective of the first use. This means that early application for trade marks, ideally before the release of products and services into Singaporean market is recommended.

Applications for trade mark registration in Singapore can be submitted in English to the Intellectual Property Office of Singapore (IPOS) and the application fee is 341 SGD (228 EUR) if the application is filed online. IPOS will assess the application to ensure that all formalities are met before conducting the relevant searches and examination to ensure that the mark applied for is registrable. Once this is completed, the application will be published and, provided no oppositions are filed against the application within two months of publication, the trade mark will proceed to registration. Once registered, statutory protection for registered marks can last indefinitely, although renewal applications must be filed every ten years. Continue reading “Trade Mark Revocation in Singapore: A Case Study” »

Trade Mark Protection in Myanmar: A Case Study

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imageedit_1_8961851529In today’s blog post we are taking a look at the trade mark protection in Myanmar, a country that is in the process of modernizing its IP laws. Even though  Myanmar has published a new Draft Trade Mark Law back in 2015, the law has still not yet come to force and in the meantime EU SMEs still  need to protect their IP in Myanmar. This blog post offers some advice on how to protect your trade mark and the design of your package in Myanmar by focusing on a recent case study. 

Trade Mark Regime in Myanmar

Compared to other South-East Asian countries, Myanmar currently has the weakest IP laws and regulations in place. Myanmar is not yet a signatory of any multilateral trade mark treaty. However, in accordance with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) , to which it has acceded, Myanmar is required to implement and comply with Articles 1-12, Article 19 of the Paris Convention and the terms of TRIPS by no later than 1st July 2021. Myanmar is now in the process of drafting several IP laws

Currently, there is still neither a particular statute nor law on trade marks, nor specific provisions regarding the registration of trade marks in Myanmar. However, the Penal Code of Myanmar defines a trade mark as “a mark used for denoting that goods are the manufactured merchandise of a particular person”. Likewise, the Private Industrial Enterprise Law provides that “a business is not allowed to distribute or sell its goods without trademark”. At present, foreign companies doing business in Myanmar have been relying on these laws to enforce their IP rights relating to trade mark. Continue reading “Trade Mark Protection in Myanmar: A Case Study” »