Upcoming Reform: Registered Designs Regime in Singapore

shutterstock_385731427Singapore has recently finalized the review of registered designs and is ready to implement the amendments to the Registered Designs Act. These amendments are meant to bring Singapore’s design rights in line with the changing environment and improve the country’s design industry. Our external IP experts Mr. Max Ng and Ms. You Na Lee from the Gateway Law Corporation have kindly drafted for us today’s blog post, where they discuss these amendments and their implications to the European SMEs. 

Introduction

In light of the recent technological advances and evolving business practices in the designs industry, the Ministry of Law (the “MinLaw”) and the Intellectual Property Office of Singapore (the “IPOS”) commenced their review of the registered designs regime in Singapore in 2014, conducting 2 rounds of public consultations, and numerous focus group talks and one-to-one consultations with design associations, business, IP practitioners and academics. They have completed their joint review and released a “Final Report on the Review of Singapore’s Registered Designs Regime”, which sets out their recommendations to amend the Registered Designs Act (the “RDA”) to keep abreast of the changes in the industry.

Aims

The proposed reform is to complement the “Design 2025 Masterplan” released by DesignSingapore Council in March 2016, which sets out the government initiatives and policy framework to develop Singapore into a creativity- and innovation-driven economy and ecosystem by supporting capitalisation of the intellectual property in Singapore. Design is identified as one of the key pillars and catalysts to propel such a paradigm shift.

In the meantime, it seeks to protect interests of the users and the public, support business certainty and remain in line with international best practices, especially with other major markets. The MinLaw and IPOS have therefore taken into account different interests of all stakeholders and decided to implement some changes to the current designs regime to provide for sustainability and growth of the designs industry in Singapore. Continue reading “Upcoming Reform: Registered Designs Regime in Singapore” »

IPR Protection in China for the Medical Device Industry: Case Study

pharma-sectorIn today’s blog post we will take a look at a case study from the medical device industry in order to explore how important it is to register and obtain IP rights in China before starting to do business in or with China. The case study will also show that persistent IP enforcement is one of the key factors to IP protection and business success in China. 

Background of the Case

A European company in the dental instruments sector was selling their product in China through a Chinese distributor. They discovered a competitor in China was offering a similar, but lower-specification product, using an identical exterior design, colour scheme, and control interface. The technical manual, diagrams and parts of their brochure appeared in part to be directly copied from the original. Overall, the competitor’s product gave the appearance of being similar in function to that of the European company, although its performance level and price were much lower. Continue reading “IPR Protection in China for the Medical Device Industry: Case Study” »

IP Protection in China for the Food & Beverages Sector: Focus on GIs

gi-pictureLast week China IPR SME Helpdesk organized an exciting webinar on IP protection in the food and beverages sector, focusing on the protection of Geographic Indications. As the topic was very popular, we decided to follow it up with a blog post, focusing on the protection of GIs. The blog post gives an overview of the GIs’ protection in China and offers some advice on how to register GIs. 

Food and Beverages Sector in China

The food and beverage (F&B) industry encompasses the formulation, processing, production, distribution in wholesale or retail, and delivery of food products.  Recent research shows that an increasing number of European F&B SMEs are making significant investments in emerging East Asian markets, particularly China, with new local product development and national business strategies. While this continues, changes are occurring in the industry that is redefining how companies grow, operate, and manage risk. Intellectual property rights (IPR) are a key component of these developments, thus increasing the need to protect those rights in several countries.

When it comes to Chinese Laws and Regulations, the F&B industry is a highly regulated sector. Foreign companies need to apply for a food production license to ensure that they meet the requirements for manufacturing capabilities and environmental regulations. Foreign products need to conform to specific standards and protocols depending on the type of products. Chinese labels need to be applied to the products to complete the Customs clearance and enter the country. In addition, a separate food and beverage distribution license is required to sell in China. Continue reading “IP Protection in China for the Food & Beverages Sector: Focus on GIs” »

Patent Prosecution Highway Pilot Program and Patent Information Data Exchange Between Vietnam and Japan


patent-prosecution-highwayToday’s blog post has been kindly drafted for us by our IPR experts Mr. Max Ng and  Ms. Amira Nabila Budiyano from the Gateway Law Corporation, who will discuss the Patent Prosecution Highway Pilot Program between Vietnam and Japan. The Patent Prosecution Highway Pilot Program is important as it can accelerate the examination of patent applications in Vietnam. The experts will explain how the Patent Prosecution Highway works and how SMEs from Europe and around the world can benefit from the program.  

Background 

One of the problems currently faced by the National Office of Intellectual Property of Vietnam (“NOIP”) is the increasing backlog of patent applications, which is one of the main reasons for the delayed examination of patent applications in Vietnam. This may adversely affect the quality of patent examination, as the bigger the backlog, the less time the examiners would have for reviewing the patent applications. The backlog of patent applications may further hinder the innovation process of the country while also posing a real concern to foreign businesses and investors wanting to venture into the Vietnam market. The Patent Prosecution Highway Pilot Program between the NOIP and the Japan Patent Office (“JPO”), which came into effect on 1 April 2016, is therefore a much welcomed move by the NOIP to cope with the increasing backlog and accelerate examination of patent applications in Vietnam. Continue reading “Patent Prosecution Highway Pilot Program and Patent Information Data Exchange Between Vietnam and Japan” »

Copyright Protection in Cambodia

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copyright_lockThis week we will continue the basic IPR series for Cambodia and  focus on the copyright protection. Today’s blog post gives a general overview of copyright protection in Cambodia and discusses the importance of voluntarily registering your copyright. You will  also find information on how to enforce your copyright in the unfortunate case of copyright infringement. 

Copyright in Cambodia

Copyright is an intellectual property right that protects creations of the mind. These rights, generally, include: copying; publishing; translating; adapting and altering; distributing; etc. and are granted automatically following the creation of the work.

The Cambodian Copyright Law grants the exclusive legal right to authors and other right holders to exploit their “works, production of cultural products, performances, phonograms, and transmissions of broadcasting organizations”.

Even though, copyright normally enjoys automatic protection in most South-East Asian countries from the moment of its creation, the European SMEs should keep in mind that this is not always the case in Cambodia. Foreign works do not enjoy automatic protection in Cambodia, even though Cambodia is a member of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). As not all Cambodia’s national laws are yet in accordance to the TRIPS regulations, Cambodia currently does not grant similar protection to foreign works as it does for Cambodian works. Cambodia has to comply with the TRIPS agreement by 2021. Continue reading “Copyright Protection in Cambodia” »