Validation of European Patent in Cambodia

shutterstock_166598477Good news for the European SMEs wishing to do business in Cambodia, it’s now possible to validate European patents in Cambodia. Today’s blog post on validation of European patent in Cambodia has been kindly drafted for us by our external IPR expert Dr. Phin Sovath from Bun & Associates. In this blog post, Dr. Phin further explains the Agreement on Validation of European Patent between the Royal Government of Cambodia and the European Patent Office.


On 1st March 2018, the Agreement on Validation of European Patent (the “Validation Agreement”) enters into force in Cambodia. Henceforth, it is possible to request for validation of the European patent in Cambodia and thus obtain the same protection as national patent granted by the Ministry of Industry and Handicraft (the “MIH”).

In January 2017, the Royal Government of Cambodia and the EPO entered into Agreement on Validation of European Patent. In November 2017, the law on ratification of the Validation Agreement was promulgated. And from 1st March 2018 onward, the European patent holder may request for its validation in Cambodia through a simplified and accelerated procedure set forth in the Prakas No. 282 MIH/2017 dated 08 December 2017 of the Ministry of Industry and Handicraft (the “Prakas No.282 MIH/2017”).

In accordance with Prakas No. 282 MIH/2017, the validation procedure is applicable to both European patent and European patent application which refers to either the patent application filed with the EPO under the framework of the European Patent Convention (the “EPC”) or the international application for patent registration filed under the framework of the Patent Cooperation Treaty (the “PCT”) having designation of both the EPO and Cambodia. Moreover, the eligible European patent and European patent application will have a filing date on or after the date of entry into force of the Validation Agreement in Cambodia, i.e. 1st March 2018. Continue reading “Validation of European Patent in Cambodia” »

China’s trademark law: Evicting the squatters

Today’s blog post has been kindly drafted for us by Ms. Marie Ferey and Mr. Fabio Giacopello from HFG Law & Intellectual Property. Ms. Ferey and Mr. Giacopello use several high-profile case studies to discuss how companies can fight against trade mark squatters in China. 

Several high-profile cases show that trademark owners in China can succeed in removing squatters. Marie Ferey and Fabio Giacopello of HFG report.

When it was introduced the new Chinese Trademark Law (TML) didn’t seem tough enough against trademark squatting, but after three years of implementation we have found that the TML has many resources and provisions that can be used to stop malicious trademarks.

‘Face book’

On January 24, 2011, an individual called Hongqun Liu filed an application for registering ‘face book’ as a trademark before the Chinese Trademark Office (CTMO). It designated “vegetable canned food, potato chips” in class 29, “coffee beverage, tea beverage and candy” in class 30, and “fruit juice (beverage), iced (beverage), vegetable juice (beverage)” in class 32. The trademarks were preliminarily approved by the CTMO.

Social media platform Facebook later undertook legal action in order to invalidate the trademarks and succeeded at the Beijing No. 1 Intermediate Court. According to article 44 of China’s TML, the court stated: “If improper means are found in the examination stage of a trademark application, it is detrimental to restrain such means by cancellation of a registered trademark instead of rejecting the registration at the approval stage.”

In this case, Facebook succeeded in proving that Liu had filed multiple applications for ‘face book’ trademarks in many different classes. Besides, Liu has also registered reproductions and imitations of others trademarks with high reputation. Continue reading “China’s trademark law: Evicting the squatters” »

The CPTPP – What to Expect?

denver-business-law-firm-intellectual-propertyToday’s blog post has been kindly drafted for us by the South-East Asia IPR SME Helpdesk external expert Mr. Manh Hung Tran from BMVN International LLC, a member firm of Baker & McKenzie International. In his article, Mr. Manh Hung Tran discusses what signing the Comprehensive and Progressive Trans-Pacific Partnership means to its signatories in terms of IPR protection. 

At the November 2017 Asia Pacific Economic Cooperation Summit in Da Nang, Vietnam, the 11 countries remaining in the Trans-Pacific Partnership (TPP) took a significant step forward to finalize a new agreement now referred to as the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP).

In the absence of a key player – the United States – this new cross-border deal, the CPTPP is reported to have largely incorporated the TPP on the one hand but “suspended” certain intellectual property provisions on the other hand, in hopes of reviving them when the United States re-joins the agreement at some point in the future. Thus, although the final text has not been published, it is highly likely that the CPTPP has ceased the effect of many IP-related and/or drug-specific articles that the United States rigorously promoted when the TPP was being negotiated.

In light of the above, we think that the following important issues in Chapter 18 of the TPP, which concerns intellectual property, may have been included in the list of suspended provisions of the CPTPP. Continue reading “The CPTPP – What to Expect?” »

China IPR SME Helpdesk External Expert Charles Feng Interviewed by South China Morning Post regarding Intellectual Property Protection for Foreign-invested Companies in China

trademarkToday we would like to share with you an interview with China IPR SME Helpdesk external expert Mr. Charles Feng  from East & Concord Partners that was published in South China Morning Post. You will find the link below following the interview summary kindly drafted by East & Concord Partners. 

In August 2017, US President Donald Trump executed an administrative order to initiate an investigation against China in accordance with Section 301 of the Trade Act of 1974, on the basis that “China has stolen plenty of intellectual properties from American companies as well as forced American companies which plan to enter Chinese market to build unfair joint venture relationship with Chinese companies”. Thereafter, on September 8, 2017, twelve Chinese government authorities related to intellectual property protection, including State Intellectual Property Office (“SIPO”), Ministry of Public Security (“MPS”), State Administration for Industry and Commerce (“SAIC”), Supreme People’s Court (“SPC”) and Supreme People’s Procuratorate (“SPP”), jointly issued the Action Plan on Intellectual Property Protection for Foreign-invested Companies, initiating a four-month nationwide campaign from September 2017 to December 2017 to combat infringements and criminal violations against intellectual property rights of foreign-invested companies. Whether a coincidence or not, the above two news may seem a little opposite, which draws much attention on the intellectual property protection for foreign-invested companies in China.

In preparation for its recent article Lessons from Donald Trump and Michael Jordan on Trademarking in China focusing on current status and strategies of trademark protection in China for foreign-invested companies, South China Morning Post (“SCMP”) interviewed several well-known experts in this field, including Charles Feng, partner of East & Concord Partners, and Liao Fei, partner at international law firm King & Wood Mallesons. Continue reading “China IPR SME Helpdesk External Expert Charles Feng Interviewed by South China Morning Post regarding Intellectual Property Protection for Foreign-invested Companies in China” »

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


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. 

Continue reading “China’s New Ecommerce Law: What this will mean for Consumers, Operators and Providers” »