Tag Archives: Patents

IP TIPS and WATCH-OUTS in Indonesia

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indonesiaIn this blog post, we will provide you with all the basics you need to successfully protect your Intellectual Property Rights in Indonesia. Known for its diverse and rapidly growing market, Indonesia provides opportunities for many European SMEs interested to expand their business into South-East Asia. This blog post will give a concise overview of IP tips and watch-outs for Indonesia – enjoy.

General IP TIPS and WATCH-OUTS in Indonesia

  • Indonesia recognises ‘well–known’ trade marks (recognition of this is made on a case-by-case basis), but only to the extent that they may be used to prevent a third party from registering a similar trade mark, at least in theory. Often, ‘bad-faith’ registrations (intentionally registering someone else’s pre-existing IP) get registered by third parties and the rightful owner has to go through the expensive process of filing proceedings in the commercial court to cancel these bad-faith registrations.
  • When the need arises to enforce rights through the authorities, it is best that IP rights owners be aware of recent media coverage of corruption cases in Indonesia. The fact that corruption cases have been surfaced demonstrates the government’s efforts at cleaning up corruption cases; however it is still worth discussing a potential corruption risk with your attorney when enforcing your rights via the authorities.
  • Because IP rights enforcement in Indonesia can still be problematic, it is essential to register your rights there in order to stand a chance of defending them. Intellectual Property Rights are territorial in nature, which means that registrations in one country’s jurisdiction are not automatically enforceable in others, and therefore registrations in multiple countries may be necessary, particularly for businesses looking to internationalise. Indonesia operates under a ‘first-to file’ system, meaning that the first person to file an IP right in the Indonesian jurisdiction will own that right once the application is granted.

Continue reading “IP TIPS and WATCH-OUTS in Indonesia” »

IP Protection Strategies in the Philippines for the Logistics and Transportation Industry

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Logistics3In today’s blog post we will discuss the IP protection in the Logistics and Transportation industry –  one of the fast-growing industries in the Philippines that is also expected to offer promising business opportunities to European SMEs whose top-notch technology is especially sought after. The blog post offers some practical tips on IP protection to keep in mind before entering the promising market of the Philippines. 

The logistics and transportation industry in the Philippines is growing steadily due to strong economic growth in the country and gradual increase in domestic demand fueled by the rise of the country’s middle class and increase in remittances from workers abroad. According to various studies, the industry is expected to grow as much as 16.7% by 2020.[1] Opportunities for logistics providers also continue to expand thanks to the steady growth in the Philippine’s e-commerce sector.

However, transportation costs in the Philippines are still significantly higher than in many other ASEAN countries, notably in Malaysia and Thailand. This is due to the geographic challenges that the Philippines faces as a conglomerate of islands, but also due to unclear regulations imposed by different government agencies that sometimes induce informal payments.[2] The transportation and logistics industry also faces some infrastructural challenges as the country still suffers from congestion on the roads in urban areas and at seaports. For example, clearance time for shipments at ports is more than twice as long in the Philippines than in many of its neighboring countries.

On the other hand, this year the Philippine government has put forward an ambitious plan of modernizing and improving the country’s infrastructure such as building new roads, railways, airports and improving the situation of seaports.  The government has also committed itself to improving the regulations and to fight corruption in transportation sector.[3] This means that the transportation and logistics industry would offer lucrative business opportunities for European SMEs in the near future.

European logistics and transportation SMEs wishing to enter the Philippines’ market need to keep in mind that despite the improvements in the Philippines’ IP laws and regulations, counterfeiting and other IP infringements are still commonplace in the country and thus a robust IP strategy is needed to grow their business in the Philippines. Continue reading “IP Protection Strategies in the Philippines for the Logistics and Transportation Industry” »

Patent Security Interest in China

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patent-without backgroundToday’s blog post has been kindly drafted to you by our IPR expert Dr. Toby Mak from Tee & Howe Intellectual Property Attorneys and Ms. Constance Rhebergen from  Bracewell LLP .  In their article, which was first published in UK Chartered Institute of Patent Attorneys (CIPA) Journal,  Dr. Mak  and Ms. Rhebergen give a detailed overview of China’s patent security interest market and explain how to register for patent security. Lending money to patentees with patent on mortgage is gaining popularity in China and this is something that European SMEs could also benefit from. 

In China, intellectual property assets, including patents, have certain similarities to other property rights such as real estate and tangible property, and the owner is able to dispose of such asset in any legally allowable manner. Typical transactions involving real estate include buying and selling, renting, and mortgaging. Although patents are extensively the subject of buying and selling (assignment), and renting (licensing), mortgaging (security interest or pledge) of patent rights is less common and often overlooked. Some top reasons contributing to this include the difficulty and expense in evaluation of security interest status of patents, instability of rights due to invalidation challenges, and the challenge of foreclosing upon a security interest to ensure realization (whether recovery of monies or transfer of secured asset), particularly compared to a required selling of real estate.

While intellectual property shares certain similarities with real estate and tangible property, the treatment of intellectual property differs in important aspects and is not intuitive.  Therefore, expertise regarding intellectual property security should be included in early stage development of strategy to ensure optimization of rights and value, both for financial institutions offering financing and companies involved in transactions.  Notably, while there is large group of patent attorneys knowledgeable about prosecution, managing security interests in patents is not necessarily part of their training.  Similarly, while corporate attorneys focus on security interests and financing, these specialist may be unversed in the unique aspects of intellectual property.  Identifying the right expert early in the process allows for structures and for drafting that will streamline efforts at a later date. Continue reading “Patent Security Interest in China” »

Patent 101: Things you need to know before patenting in Singapore

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shutterstock_166598477Thinking about filing a patent in Singapore? Then this blog post for you, as today we give you a comprehensive overview of Singapore’s patent regime. Today’s blog post has been kindly drafted for us by Ms. Chan Wai Yeng who is a patent specialist at Taylor Vinters Via LLC. She was assisted by AsiaLawNetwork.com content strategist Ling Yuan Rong. Ms. Chan Wai Yeng explains the process of filing a patent in Singapore and discusses the considerations that everyone should to take into account before filing a patent application.

This article has been first published by Asia Law Network and you can find the link to the original article below at the end of the article.  

Eureka!

You have just created a great new product, UX, or developed an improved manufacturing process with significant reduction in production time. You know your invention has tremendous commercial value, and you are keen to share your idea with a potential business partner. But hold on for a minute. Before you disclose your invention to anyone, you may want to take steps to secure the ownership and protection of your brainchild by patenting your invention.

What is a Patent?

A patent is a right granted to the owner of an invention to enable him to exclude others from using, copying or making the invention without his consent in the country in which he has obtained patent protection.

The rationale behind patents is to encourage innovation by preventing competitors from copying an innovator’s novel idea. Incentives like this are essential because research and development can be very expensive and if an innovator is unable to at least recoup the cost of developing his innovation (and profit from it to some degree), the innovator is unlikely to embark in the effort. Patents also promotes diffusion of ideas and information which may have positive effects in the long run. Continue reading “Patent 101: Things you need to know before patenting in Singapore” »

Drug Innovation through Better Enforcement: IPR Protection in the Pharmaceutical Industry in China

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singapore-desig_20936179_291437f5e9d7dd7c8ce0b4b67e7eddf6629f8e0d (1)Underpinned by the governmental support, the pharmaceutical industry is booming in China, offering some promising business opportunities for the European SMEs. However, despite the improvements in Chinese IP laws and regulations, IP infringements are still commonplace in China. Thus, European SMEs wishing to do business in the pharmaceutical sector in  China need to pay attention to IP issues. Today’s blog post discusses IP protection measures in the Pharmaceutical industry, focusing especially on patents and trade secrets as the main IP protection measures in the Pharmaceutical Industry. 

IP Protection in the Pharmaceutical Industry

China is one of the largest pharmaceutical markets in the world. Its development is high on the government’s reform agenda, as they seek to provide stimulus and intensify research and development (R&D) activity. This, coupled with enhanced health awareness among a rapidly growing patient pool, makes the country an increasingly attractive market for foreign business. The China IPR SME Helpdesk explains the current intellectual property regime in China, and says that better enforcement will create a more secure environment that can attract more R&D and stimulate higher levels of innovation in China’s pharmaceutical industry.

The level of intellectual property (IP) enforcement in China has constrained pharmaceutical companies’ efforts in carrying out R&D activities in the country. However, China’s Patent Law is soon due to be revised, and is expected to foster greater innovation and slow the proliferation of counterfeit drugs. A growing number of companies have become increasingly attracted to having an R&D center in China, as a local presence provides generally lower cost base and favorable tax rates.

Patents

China’s Patent Law protects technological innovations for active pharmaceutical ingredients, drug combinations, pharmaceutical formulations, preparation processes of pharmaceutical products, new medical indications of a known drug and medical devices, among others. Most pharmaceutical innovations are protected by invention patents which provide 20 years’ protection. Continue reading “Drug Innovation through Better Enforcement: IPR Protection in the Pharmaceutical Industry in China” »