How to Protect your IPR in the Tourism Industry in the Philippines

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BRAND on price labelsUnderpinned by the intensive governmental investments in marketing and infrastructure to support the tourism industry, the Philippines’ tourism industry is rapidly growing. The industry contributes around 11% to the annual GDP of the Philippines, bringing in about EUR 30 billion in 20141. As the country is promoting foreign investments in special economic zones of tourism development like Metro Manila, Cebu City and Mactan Island, there will be many lucrative future business opportunities for European SMEs in the tourism industry in the Philippines. 

SMEs engaged in tourism industry need to pay special attention to protecting their intellectual property (IP) rights, because IP infringements are still relatively common in the Philippines. IP rights are a key factor for business success and neglecting to register these rights in the Philippines could easily end SMEs’ business endeavor in the country. Thus, a robust IPR strategy is needed, when entering the promising market of the Philippines.   

Make Sure your Brand is Protected 

Branding is especially crucial for the tourism sector, as it allows companies to differentiate themselves from the rest, creating a niche market and an individual appeal that will translate into more tourist arrivals. Thus, it could have devastating consequences for a European SME if another company started to use similar or identical brand to promote their services. In tourism sector ‘destination branding’ is equally important to company branding. Destination branding often relies on a logo and a tagline, the examples being the Swiss resort St. Moritz using the tagline ‘Top of the World’, the  Tourism Malaysia campaign of ‘Malaysia, Truly Asia’ or the slogan ‘it’s more fun in the Philippines’ that the Philippines Department of Tourism uses to promote the country internationally.    Continue reading “How to Protect your IPR in the Tourism Industry in the Philippines” »

The Thirst of the Dragon: An Introduction to the Growth of Popularity & Counterfeiting of Wine in the Middle Kingdom

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Pouring_a_glass_of_red_wine.tiff“Wine is one of the most civilized things in the world . . . it offers a greater range for enjoyment and appreciation than, possibly, any other purely sensory thing.” 

― Ernest Hemingway 

Wine. The Greeks honoured this sacred beverage with its own deity, the Christian faith honour it as part of the sacred rite of Eucharist, and today, the history and quality of less ancient vintages has created a thriving trade around the world. 

Making up the majority of what the wine industry now calls the “Old World”, Europe combines a rich history of viticulture and winemaking with modern technological innovation. In recent years, Europe’s love of wine has proved especially infectious to developing palettes in East Asia, and over the last few decades Chinese consumption has surged, overtaking France as the largest consumer of red wine worldwide. This being said, room for growth in China remains as the Chinese continue to lag behind other nations in terms of individual consumption; in 2014, France’s 51.9 litre per capita consumption dwarfed China’s mere 1.5 litres.  

Europe’s old guard wineries seem well-poised to capitalise on this growth. They have spent hundreds of years perfecting their craft, and European ‘old world’ wines are sought after around the world. As a result, Chinese consumers primarily turn to Europe to slake their thirst for foreign wines— with the Middle Kingdom relying on European imports for 65% of its foreign wine trade. French reds are in particular favour, with 48% of China’s imported wines starting life on French vines, although wine produced in Germany, Spain, and Italy also enjoys considerable popularity amongst Chinese consumers1. 

However, in spite of Europe’s advantages, Chinese consumers still show a preference for domestically produced wines and more than 80% of wine consumed within China is produced domestically. According to independent critic and wine expert Jancis Robinson (MW)2, quality alone does not account for this disparity. Robinson, widely held in high regard for her independent critique and support of new industry and independent wineries, has routinely visited China over the last decade to sample the country’s developing vintages. As such Jancis is uniquely qualified to comment on the development of Chinese wines, and tells us that though Chinese winemaking has improved greatly in recent years, most producers still lag behind the established vines and vintners of Europe in terms of quality.  Continue reading “The Thirst of the Dragon: An Introduction to the Growth of Popularity & Counterfeiting of Wine in the Middle Kingdom” »

Thailand Joins Madrid Protocol

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On August 7, 2017, the Thai government officially deposited the instrument of accession to the Madrid Protocol with the WIPO, marking the starting date of the three-month period before the Protocol becomes effective in Thailand. Consequently, the Madrid System will come into effect for Thailand (the 99th member) as from November 7, 2017.

In its instrument, the government makes declarations on three issues. Firstly, a period to issue provisional refusal will be extended to eighteen months, with further extension possible in case of an opposition. Secondly, an individual fee to be specified in Ministerial Regulations to be issued by virtue of the accession will apply to international applications/registrations designating Thailand. Thirdly, recordal of a license agreements with the International Bureau will not be effective with regard to Thai applications/registrations.

After this deposition, the next step is to issue Ministerial Regulations to elaborate on the process. It is anticipated that the Regulations will contain the following details:

  • All documents submitted through the Thai Trademark Office to the International Bureau must be in English. If the Thai Office finds an international application incorrect or incomplete, the applicant will have to remedy it within 15 days upon receipt of a notice. Otherwise, the Thai Office may not be able to forward the application to the International Bureau within 120 days and the date of filing with the Thai Office will not be considered as the filing date of the international application. If the applicant does not comply with the Thai Office’s notice within 120 days, the application will be deemed abandoned.
  • For an international application designating Thailand, the Thai Trademark Office will translate the necessary content into Thai. In case of provisional refusal, the applicant is required to appoint an agent in Thailand to deal with it.  The response may have to be in Thai. In case of failure to respond, the Thai Office may partially accept the application for the goods/services in relation to which the refusal does not apply.

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China’s New Ecommerce Law: What this will mean for Consumers, Operators and Providers

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shutterstock_167099189Today’s blog post has been kindly drafted for us by our China IPR SME Helpdesk expert Mr. Daniel Albrecht from Starke Beijing. In this article, Mr. Albrecht gives a comprehensive overview on the latest changes in China’s new e-commerce law that will inevitably effect the activities of consumers, operators as well as providers. 

China’s Ecommerce Market 

In accordance to analysis by digital marketing researcher eMarketer, cross-border Ecommerce in China was due to hit USD 85.76 billion in 2016, up from USD 57.13 billion in 2015. Furthermore the China Internet Network Information Center (CNNIC) reported 710 million Internet users in June 2016. Notably, 40 per cent of China’s online consumers are buying foreign goods and eMarketer estimated the amount of money that each of them would have spent an average of USD 473.26 in 2016. 

If the projection that cross-border Ecommerce will have a compound annual growth rate of 18 percent through to the end of the decade — reaching an estimated USD 222.3 billion — will come true, the consequence would be that China’s Ecommerce market will catch up with those of the US, Britain, Japan, Germany and France combined by 2020. 

China’s New Ecommerce Law 

As the Ecommerce market is constantly changing and undoubtedly its major impact on social life and the current economy cannot be denied, it seems to be necessary to provide a legal framework to give answers to upcoming questions within the scope of Ecommerce. 

Hence a new Ecommerce law is in progress and drafts are waiting to be adopted. The new law shall remedy the current situation by promoting the Ecommerce market’s development, putting things straight and satisfying all the parties’ interests. These central ideas are laid out in Article 1 of the recent draft law and shall summarize simultaneously the political objectives pursued by this law. 

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Patent Strategies for Startups

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Today’s Post will focus on Patent Strategies for Startups in South-East Asia and has been kindly drafted for us by Ms. Chan Wai Yeng who is a patent specialist at Taylor Vinters Via LLC. Ms. Chan Wai Yeng will explore three patent strategies and several alternatives to ensure your product is best protected.

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Startups generally worry that acquiring a patent is prohibitively expensive

As discussed in the first patent article, the cost of patenting is high and generally several order of magnitudes higher than the cost of acquiring other IP rights such as trade mark and industrial design rights.

A cohesive patent strategy can yield significant competitive advantage

The high level of financial investment involved in patent filing may deter startups from developing a comprehensive IP strategy that includes patent filings at its initial development stage. However, startups with a cohesive patent strategy that aligns with their business can benefit from gaining a strong competitive advantage in the market. Having a patent filing strategy can also mitigate litigation risks from competitors.

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