Tag Archives: Enforcement

How to Protect your Trade Mark in South-East Asia

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trademarkWith the arrival of the new year, many SMEs are planning to start new business endeavors in the lucrative markets of South-East Asia. However, with all this new year’s enthusiasm, it is very easy to forget that counterfeiting and other IP violations are still commonplace in South-East Asia. Thus, it is very important to have a robust IP strategy in place when entering the promising markets of South-East Asia. In today’s blog post, we are, therefore, taking a closer look at trade mark protection in South-East Asia, focusing on trade mark registration, protection and enforcement. 

Generally speaking, a trade mark is a sign which serves on the market to distinguish the goods and services of one undertaking from others, and over which the owner has an exclusive right. Trade marks are words, logos, devices or other distinctive features which can be represented graphically. In some South-East Asia countries, such as Singapore, Malaysia, Brunei, Laos, Cambodia, Vietnam and Thailand, they may also consist of the shape of goods or their packaging in three-dimensional form. As of now, Singapore is the only South-East Asian country to recognize trade marks based on sound.

Trade marks are an essential part of the identity of goods and services. They help deliver brand recognition, i.e. they distinguish your company from the competition. They also help to build trust, reputation and goodwill for your company as well as play an important role in marketing and advertising. A trade mark can become an important asset with significant monetary value for a company and should, thus, be protected. Continue reading “How to Protect your Trade Mark in South-East Asia” »

Protecting your Festive Design in China: Design Patents and Copyrights

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design-for-christmasThe Christmas Holidays are upon us again and it’s time to put up Christmas decorations. Maybe this year your company came up with new design for Christmas stockings, Christmas lights or other Christmas decorations. Maybe your company also plans to benefit from China’s growing market, or maybe you would like to produce these decorations in China, either way, all-around festive atmosphere should not make you forget about counterfeiting and other IP violations that are still  commonplace in China. It is important to obtain design patents in China to protect your product design, whatever your company may be producing. In today’s blog post we are taking a closer look to design patents in China. 

Due to the difference in regional systems, many European companies do not know how to protect their product designs in China. While in Europe you can seek protection for an original work as either a registered or unregistered community design, in China designs fall under the scope of patent protection, while no protection is offered to unregistered designs.

A design patent provides the right holder to exclusive use of a product design for a period of 10 years. As well as providing a legal basis to fight counterfeiters, a design patent also allows you to generate additional revenue by licensing the design to third parties. Continue reading “Protecting your Festive Design in China: Design Patents and Copyrights” »

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” »

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” »