Upcoming Reform: Registered Designs Regime in Singapore

shutterstock_385731427Singapore has recently finalized the review of registered designs and is ready to implement the amendments to the Registered Designs Act. These amendments are meant to bring Singapore’s design rights in line with the changing environment and improve the country’s design industry. Our external IP experts Mr. Max Ng and Ms. You Na Lee from the Gateway Law Corporation have kindly drafted for us today’s blog post, where they discuss these amendments and their implications to the European SMEs. 

Introduction

In light of the recent technological advances and evolving business practices in the designs industry, the Ministry of Law (the “MinLaw”) and the Intellectual Property Office of Singapore (the “IPOS”) commenced their review of the registered designs regime in Singapore in 2014, conducting 2 rounds of public consultations, and numerous focus group talks and one-to-one consultations with design associations, business, IP practitioners and academics. They have completed their joint review and released a “Final Report on the Review of Singapore’s Registered Designs Regime”, which sets out their recommendations to amend the Registered Designs Act (the “RDA”) to keep abreast of the changes in the industry.

Aims

The proposed reform is to complement the “Design 2025 Masterplan” released by DesignSingapore Council in March 2016, which sets out the government initiatives and policy framework to develop Singapore into a creativity- and innovation-driven economy and ecosystem by supporting capitalisation of the intellectual property in Singapore. Design is identified as one of the key pillars and catalysts to propel such a paradigm shift.

In the meantime, it seeks to protect interests of the users and the public, support business certainty and remain in line with international best practices, especially with other major markets. The MinLaw and IPOS have therefore taken into account different interests of all stakeholders and decided to implement some changes to the current designs regime to provide for sustainability and growth of the designs industry in Singapore. Continue reading “Upcoming Reform: Registered Designs Regime in Singapore” »

Patent Prosecution Highway Pilot Program and Patent Information Data Exchange Between Vietnam and Japan


patent-prosecution-highwayToday’s blog post has been kindly drafted for us by our IPR experts Mr. Max Ng and  Ms. Amira Nabila Budiyano from the Gateway Law Corporation, who will discuss the Patent Prosecution Highway Pilot Program between Vietnam and Japan. The Patent Prosecution Highway Pilot Program is important as it can accelerate the examination of patent applications in Vietnam. The experts will explain how the Patent Prosecution Highway works and how SMEs from Europe and around the world can benefit from the program.  

Background 

One of the problems currently faced by the National Office of Intellectual Property of Vietnam (“NOIP”) is the increasing backlog of patent applications, which is one of the main reasons for the delayed examination of patent applications in Vietnam. This may adversely affect the quality of patent examination, as the bigger the backlog, the less time the examiners would have for reviewing the patent applications. The backlog of patent applications may further hinder the innovation process of the country while also posing a real concern to foreign businesses and investors wanting to venture into the Vietnam market. The Patent Prosecution Highway Pilot Program between the NOIP and the Japan Patent Office (“JPO”), which came into effect on 1 April 2016, is therefore a much welcomed move by the NOIP to cope with the increasing backlog and accelerate examination of patent applications in Vietnam. Continue reading “Patent Prosecution Highway Pilot Program and Patent Information Data Exchange Between Vietnam and Japan” »

Copyright Protection in Cambodia

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copyright_lockThis week we will continue the basic IPR series for Cambodia and  focus on the copyright protection. Today’s blog post gives a general overview of copyright protection in Cambodia and discusses the importance of voluntarily registering your copyright. You will  also find information on how to enforce your copyright in the unfortunate case of copyright infringement. 

Copyright in Cambodia

Copyright is an intellectual property right that protects creations of the mind. These rights, generally, include: copying; publishing; translating; adapting and altering; distributing; etc. and are granted automatically following the creation of the work.

The Cambodian Copyright Law grants the exclusive legal right to authors and other right holders to exploit their “works, production of cultural products, performances, phonograms, and transmissions of broadcasting organizations”.

Even though, copyright normally enjoys automatic protection in most South-East Asian countries from the moment of its creation, the European SMEs should keep in mind that this is not always the case in Cambodia. Foreign works do not enjoy automatic protection in Cambodia, even though Cambodia is a member of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). As not all Cambodia’s national laws are yet in accordance to the TRIPS regulations, Cambodia currently does not grant similar protection to foreign works as it does for Cambodian works. Cambodia has to comply with the TRIPS agreement by 2021. Continue reading “Copyright Protection in Cambodia” »

Patent Protection in Cambodia

shutterstock_88533937Last week we discussed trade mark protection in Cambodia, one of the fast growing South-East Asian Countries. With today’s blog post we will continue expanding our IP knowledge on Cambodia and  delve into patent protection, taking a closer look on how to obtain and enforce your patents in Cambodia.  

Patents and Utility Models in Cambodia

Patents are the set of exclusive rights granted to inventors or their assignees to exploit an invention for a limited period of time. The Cambodian Patent Law defines an invention as, “the idea of an inventor which permits in practice the solution to a specific problem in the field of technology.” The law further clarifies that an invention may either be, or relate to, both a product and a process. A product patent (i.e., a patent giving protection to the product as such) gives the patent holder the exclusive right to make, import, sell, offer for sale, use, and stock the product for the purpose of sale or use. A process patent (i.e. a patent granted for a process or a method), gives the patent holder an exclusive right to prevent others from using that process/form.

An invention is patentable if it is novel, involves an inventive step, and is industrially applicable. An invention is novel if it is not disclosed to the public, anywhere in the world, prior to the date of filing the application or the priority date. An invention is considered to involve an inventive step if the invention is not obvious to a person skilled in the art. The industrially applicable requirement means that the invention must have a use in at least one kind of industry. The Patent Law excludes certain types of inventions from patent protection, such as discoveries, scientific theories and mathematical methods. The law also excludes inventions that would be contrary to public order or morality, that would be harmful to human, animal or plant life and that would seriously compromise the environment. Continue reading “Patent Protection in Cambodia” »

Trade Mark Protection in Cambodia

trademarkAs a rapidly developing region, Cambodia is becoming a popular business destination for European SMEs. However, rapid economic development has been accompanied with increasing counterfeiting and other IP infringements. European SMEs should still keep in mind that even though, Cambodia’s IP enforcement system needs to improve, there are still sufficient IP laws in place to protect your trade mark and other IP.  Today’s blog post will take a closer look at Cambodian trade mark protection. 

Background for the European SMEs  

The Association of Southeast Asian Nations (ASEAN) as a group is EU’s third largest trading partner after the United States and China. ASEAN countries are at different economic and political development stage, and among them, Cambodia has recently shown steady growth rates, while its economy grew at 7.1% in 2014 and 7% in 2015. The garment sector, together with construction and services, are the main drivers of its economy. Growth is expected to remain strong in 2016, as recovering internal demand and dynamic garment exports offset stagnation in agriculture and softer growth in tourism. Cambodia is an emerging market with a GDP of $16.4 billion, which has the potential of becoming a trading and logistics hub for the Indonesia region. Its 15.3 million strong population is mainly occupied in the agricultural sector. However, garment industry, construction and tourism are among major industries in Cambodia, with the garment industry accounting for 90% of Cambodia’s exports. Continue reading “Trade Mark Protection in Cambodia” »