A Chinese hotel named Beijing Lafeite Castle Hotel Co., Ltd. (Lafeite Hotel) in 2007 filed for the registration of the mark “拉斐特” (pronounced as “Lafeite” in Mandarin) for use on restaurant and hotel related services under Class 43, which the China Trademark Office (CTMO) approved for registration in 2015.
Château Lafite Rothschild (Rothschild), the producer of the globally famous wine brand “LAFITE” (“拉菲” in Chinese, pronounced as “Lafei” in Mandarin), filed for the cancellation of the disputed mark before the Trademark Review and Adjudication Board (TRAB) claiming that, as its prior registered trademarks “LAFITE” and “拉菲” (“Lafei”) designated for use on wine products have attained well-known status, the disputed mark “拉斐特” (“Lafeite”), which is similar to the mark “拉菲” (“Lafei”), may damage Rothschild’s interests.
[Note: according to Article 13 of the Trademark Law, well-known trademarks that are registered in China are entitled to cross-class protection to the extent that no mark that is a copy, imitation or translation of said well-known mark may be registered for use in whatever class of goods, if doing so may mislead the public or otherwise damage the interest of the registrant of the well-known mark.]
The TRAB however handed an unfavorable decision holding that the evidence adduced is insufficient to prove that Rothschild’s trademarks “LAFITE” and “拉菲” (“Lafei”) had attained well-known status in China prior to the registration of the trademark; meanwhile, since the restaurant services under Class 43 and the wine products are dissimilar, the disputed mark, as applied for use on restaurant related services, is unlikely to damage Rothschild’s interests. Continue reading “Lafite succeeds in cancelling ‘Lafeite’ used on hotel services” »
Today’s second blog post takes a closer look at what SMEs should pay attention to when registering their designs in Singapore. It gives a brief overview of design protection in Singapore, followed by a case study demonstrating the importance of consulting with local experts or lawyers before filing for design registration in Singapore.
Registered Designs in Singapore
A registered design is a right granted to the owner of a design to stop others from making, importing or selling, without their permission, an article to which that design or a design not substantially different from it has been applied.
In order to obtain a registered design, the design must be ‘new’ (i.e. not yet published or disclosed to the public) at the time the application for registered design protection is filed. It is possible to claim the filing date of an earlier application filed in a country that is a member of the Paris Convention or World Trade Organisation (WTO) for protection of the same design, provided that the Singapore application is filed within six months of the earlier application. Therefore, SMEs should ensure that their design is not disclosed to others until an application has been filed.
SMEs should consider applying for a registered design as soon as possible, as Singapore has a ‘‘first-to-file system’’. That is, the first person to file an application in respect of the design will have priority over others. This means that if a third party files his/her application on the design before the design owner, any registered design obtained afterwards will be in danger of being revoked for lack of ‘novelty’.
Today’s blog post explains the importance of identifying patent ownership in employment contracts. The blog post gives a brief overview of patent protection in Indonesia followed by a case study demonstrating the need to be clear on patent ownership.
Patents in Indonesia
A patent is a right granted to the owner of an invention to prevent others from making, using, importing or selling the invention without his permission. A patent may be obtained for a product or a process that gives a new technical solution to a problem or a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work.
Indonesia adopts a ‘first-to–file’ patent system, meaning that the first person to file an IP right in the Indonesian jurisdiction will own that right once the application is granted. Two types of patent are recognized in Indonesia – ‘Standard Patents’ (for products and processes) and ‘Simple Patents’ (for products only). The process for obtaining a Simple Patent is supposed to be shorter, however, there is a reduced term of protection in this case, as indicated below. For all applications, applicants need to specify the scope of the protection sought and to explain how to work the invention by means of technical descriptions and drawings. Continue reading “The Importance of Patent Ownership in Employment Contracts in Indonesia: A Case Study” »
In today’s blog post we will be taking a closer look at the Copyright registration in Malaysia. The article demonstrates through case study the importance of voluntary copyright registration in Malaysia
Copyright in Malaysia
Copyright in Malaysia protects literary, artistic, musical and dramatic works. Copyright also protects sound recordings, published editions, films, broadcasts and performer’s rights. Copyright ownership could be held either by the author, his employer or the person who commissions the work.
It must be noted that an author retains the right to have his name identified as the author of the work based on what is called a moral right. The author also has the moral right against the distortion, mutilation or other modification of his or her work. Ownership of copyright entails an exclusive right to commercially exploit the work. A classic example of commercializing a copyrighted work is the distribution of copies of the work for sale. We can see this in traditional commerce such as books and compact discs. As an intangible property, copyright can also be licensed or assigned to third parties for royalties. When licensing, it is important to determine the extent of copyright use that is permitted.
Blockchain is quickly becoming the hot topic also for IP protection in China. Today’s blog post, which has been kindly shared with us by Nancy Leon from Ferrante Intellectual Property, will be focusing on how new technological solutions like blockchain can be used in China for copyright protection.
The recent IP summit hosted in Shenzhen included the Copyright summit.
Experts highlighted the importance of new technologies including blockchain, which will be widely used to protect Intellectual Property in China; this will improve efficiency and accuracy as well as lower costs.
The blockchain is an incorruptible digital ledger of economic transactions that can be programmed to record not just financial transactions but virtually everything of value. In this way blockchain can secure the safety of the original work and prove an efficient and economical way to protect the intellectual property for large number of contents.
Xiamen Anne Corp is among China’s first groups that have applied blockchain technology into Copyright protection, which can verify the author’s creative work start date, grant authorization when the work is used and safeguard the rights when infringement is detected. Continue reading “Blockchain and Copyright Protection” »