The Importance of Patent Ownership in Employment Contracts in Indonesia: A Case Study

patent-without backgroundToday’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” »

The Importance of Voluntary Copyright Registration in Malaysia: A Case Study

shutterstock_176603774In 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.

In Malaysia, copyright exists as soon as the original work is created and belongs to the creator of the work automatically. There is no formal requirement for the work to be registered in order for copyright to be claimed or recognized, however a copyright owner may voluntarily register their copyright in Malaysia. Registration is still advisable for foreign SMEs as the registration can be extremely useful in enforcement proceedings as evidence of your ownership. To claim copyright ownership (i.e. to forewarn infringement), a notice with the symbol © may also be placed in/on the work followed by the name of the owner and the year of first publication. Continue reading “The Importance of Voluntary Copyright Registration in Malaysia: A Case Study” »

IP Considerations for the Textile Industry in Indonesia

towels-1511875_1920In today’s blog post, we are taking a closer look at the IP protection in Indonesia concerning textile industry. As the industry is attracting investments and offering many business opportunities, it is vital to remind to European SMEs about the importance of IP Protection. In this article you’ll  learn how to protect your brand, your design and patterns as well as your textile machinery. 

Being one of the 10 largest textile producing countries in the world, Indonesia has a vibrant and growing textile industry that contributes a considerable amount to the country’s GDP and offers employment to over 3 million people.[1] Furthermore, Indonesian government is committed to further developing the country’s textile industry and to increasing the nation’s value of exported textiles to 64 billion EUR in 2030[2]. The anticipated conclusion of the Free Trade Agreement between the EU and Indonesia would further offer European SMEs some promising business opportunities in Indonesia’s textile sector.

At the same time Indonesia’s textile industry still uses relatively old weaving and knitting machinery and is in need of new technologies if it wishes to stay ahead of its competitors in the region like Vietnam and Cambodia. This offers further business opportunities for European SMEs whose top-notch technology is highly appreciated in the region.

European SMEs, however, need to pay attention to protecting their intellectual property rights because despite improvements made in Indonesia’s IP laws and regulations, IP infringements are still commonplace in the country. IP rights are a key factor for business success and neglecting to register these rights could be very costly for SMEs. Thus, a robust and comprehensive IP strategy is needed when entering Indonesia’s market. Continue reading “IP Considerations for the Textile Industry in Indonesia” »

Thailand: Impact of International Patent Developments

patent-without backgroundToday’s blog post has been kindly shared with us by our external experts Mr. Daniel Greif and Mr. Dhanasun Chumchuay from Spruson & Ferguson. In this article, Mr. Grief and Mr. Chumchuay explain the two announcements made by Thai Department of Intellectual Property and their impact on companies wishing to apply for patents in Thailand. This article first appeared in Managing Intellectual Property Magazine. 

On May 5 2017, the Thai Department of Intellectual Property (DIP) issued two announcements in regard to patent processes in Thailand: (1) Announcement on the Establishment of a List of International Search Authorities and International Preliminary Examining Authorities (No 2); and (2) Announcement on Fees for International Applications, International Searches, Delivery of International Applications and Late Payment of Fees.
The first announcement specifies the Intellectual Property Office of Singapore (IPOS) among the list of International Search Authorities (ISA) and the International Preliminary Examining Authorities (IPEA), while the second announcement establishes new fees for international applications, which have been adjusted to reflect the current fee rates charged by the listed ISAs and the current currency exchange rates.
These two developments reflect the continued positive steps being taken by the DIP to create greater efficiencies and to upgrade patent processes, as well as to clear the patent backlog that poses a constant obstacle to timely patent prosecution in Thailand.

IPOS as ISA and IPEA
The DIP’s Announcement on the Establishment of a List of International Search Authorities and International Preliminary Examining Authorities (No 2) confirms the IPOS as a body qualified as an ISA and an IPEA for international applications filed in Thailand. Continue reading “Thailand: Impact of International Patent Developments” »

IP Enforcement Litigation in Taiwan: Some Basics

courtToday’s blog post has been kindly shared with us by our external experts Mr. John Eastwood and Ms. Eve Chen from Eiger. In this article, Mr. Eastwood and Ms. Chen give a basic overview of IP enforcement litigation in Taiwan. You will learn more about the options you have in Taiwan to take action against the infringements of your IP rights and how to prepare to defend your rights. The article first appeared on Eiger website.  

INTRODUCTION

Rights holders looking at Asia-Pacific enforcement budgets often have to make hard decisions about where to take action. Although Taiwan’s population is small (about 22 million), it has a big role in financing massive overseas infringement in China and Southeast Asia and it is still a major manufacturer of fake optical-media products (CDs, DVDs, CD-ROMs), auto parts, and high-tech products involving infringements of patents and misappropriation of trade secrets. Fortunately, the Taiwan court system offers some solid options to rights holders who want to take action.

PREPARING FOR ACTION

Rights holders need to prepare evidence and documents establishing their rights and the facts of infringement before they take action, as the Taiwan police, prosecutors and judges involved with authorizing raid actions are sticklers for details. As a preliminary matter in trademark and copyright cases, it is important to assemble copies of the Taiwan trademark certificates (front and back sides) and any supporting documentation needed to establish copyright protection. Continue reading “IP Enforcement Litigation in Taiwan: Some Basics” »