16 October, 2018
Spruson Patents of Addition: A Strategy to Protect Improvements or Modifications in an Invention in Australia and New Zealand

With Australia’s second tier innovation patent system set to be phased out, as we have reported previously, this will remove an option for protecting improvements in Australia with a lower level of ‘inventiveness’ (when compared with the prior art) than is required for a standard patent. MORE

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09 October, 2018
Spruson Singapore Court of Appeal upholds determining factors for inventorship and ownership

On 28 August 2018, the Singapore Court of Appeal issued its decision on Cicada Cube Pte Ltd v National University Hospital (Singapore) Pte Ltd [2018] SGCA 52. The judgement involved the determination of ownership and inventorship of a Singapore patent, as well as the interpretation of Section 47(9) of the Singapore Patents Act regarding the time limit to bring such entitlement actions. MORE

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05 October, 2018
Spruson Computer Implemented Inventions in Australia - Apple Inc. [2018] APO 54 (20 August 2018)

Background Australian patent application 2015298710 (the “application”) was filed on 7 June 2015 by Apple Inc. (“Apple”). The invention related generally to computer user interfaces, and … MORE

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28 September, 2018
Spruson Indonesia patents – pay outstanding annuities or new applications will be refused

It has come to our attention that the Indonesia Directorate General of Intellectual Property (DGIP) has recently started issuing formal notices to some patent owners, informing them that they have outstanding annuities and failure to pay the outstanding annuities within six months will result in the DGIP refusing new patent applications. MORE

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27 September, 2018
Spruson Clarification on Data Collection Requirements for Patent Term Extensions: Section 76A Repealed

Patentees applying for patent term extensions (PTE) in Australia may be familiar with section 76A of the Patents Act 1990, which required that the Department of Health be notified of details of the amount and type of funds (both Commonwealth funds, and in total) spent in the research and development of the drug that is the subject of the PTE. MORE

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24 September, 2018
Spruson Asia-Pacific Regional Trade Mark Update - September 2018

Our Asia-Pacific Regional Trade Mark Update provides a summary of recent trade mark decisions and current trends in trade marks in a number of markets across the region. MORE

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24 September, 2018
Spruson Hong Kong Update - Online Sales and Website Evidence Deemed Insufficient in Hugo Boss’ Trade Mark Infringement Claim

On 6 July 2018, the Hong Kong Court of Appeal reversed the High Court’s decision and held that Hugo Boss AG (“Hugo Boss”) was not able to rely on internet evidence in support of their trade mark infringement and passing off claim. MORE

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24 September, 2018
Spruson Australia Update - There is a Difference Between 2 and 4 Brothers

4 Brothers Brewing applied to register the below trade mark in connection with beer and the brewing of beer. MORE

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24 September, 2018
Spruson Cambodia Update - Sophistication and Increase of Trademark Filings

Cambodia has sixteen million people, an open economy, and has experienced rapid economic growth over the last decade. The standard of living of the Cambodian people continues to improve as the economy grows. MORE

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24 September, 2018
Spruson Australia Update - When use supersedes descriptiveness

This matter concerned an application by ATP Institute Pty Ltd to register the trade mark MULTI FOOD in connection with supplements in Class 5. MORE

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24 September, 2018
Spruson Myanmar Update: New Trade Mark Law in the Making

A new trade mark system in Myanmar could be only months away with the draft trade mark law (the “Law”), Myanmar’s first trade mark law, currently under review by the Lower House of Parliament. MORE

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24 September, 2018
Spruson New Zealand Update - Another Costly Opposition for Monster Energy

Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by Nutrition Fit 2004, Limited. Monster Energy’s opposition was based on its various prior marks containing the words UNLEASH THE BEAST! or similar.. MORE

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24 September, 2018
Spruson Australia Update - No reputation, No opposition

Elmwood Design opposed the application by Dig & Fish to register the trade mark DIG&FISH in connection with a range of business and information technology services. MORE

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24 September, 2018
Spruson Malaysia Update - Matters Originating from Registrar of Trade Marks End at the Court of Appeal

The appellant, an international pharmaceutical company, filed a notice of opposition before the Registrar under section 28 of the Trade Marks Act 1976 (‘the TMA’) against the respondent’s application for “Bionel” in Class 5 on the grounds that inter alia, the respondent’s mark was confusingly or deceptively similar to the appellant’s mark registered mark for “BION” and “BION 3” in Classes 5, 29 & 30 and that the registration would likely deceive or cause confusion amongst the public. MORE

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24 September, 2018
Spruson New Zealand Update - When Secondary Meaning Helps Overcome Initial Objections

The New Zealand Institute for Plant and Food Research Limited (“NZ Institute”) applied to register trade mark application No. 955412 PLANT AND FOOD RESEARCH; PLANT & FOOD RESEARCH (series) in Classes 9, 16, 41, 42 and 44. MORE

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24 September, 2018
Spruson Singapore Update - Adidas Failed to Prevent Taiwan-based Manufacturer from Registering Trademark in Singapore

The appellant, an international pharmaceutical company, filed a notice of opposition before the Registrar under section 28 of the Trade Marks Act 1976 (‘the TMA’) against the respondent’s application for “Bionel” in Class 5 on the grounds that inter alia, the respondent’s mark was confusingly or deceptively similar to the appellant’s mark registered mark for “BION” and “BION 3” in Classes 5, 29 & 30 and that the registration would likely deceive or cause confusion amongst the public. MORE

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24 September, 2018
Spruson Thailand Update - Trademark “Honest Concurrent Use”

Thai Supreme Court Guidance.
Section 13 Paragraph 2 of the Thai Trademark Act directs Registrars to refuse applications for marks that are similar to a prior registered mark, given that such similarity is likely to mislead or confuse the public as to the ownership or origin of the goods claimed. MORE

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07 September, 2018
Spruson Changes to Australian Consumer Law: Substantial Increase in Financial Penalties

On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the maximum financial penalties under the Australian Consumer Law for provisions including unconscionable conduct, false or misleading representations, unfair practices (such as bait advertising), supplying banned consumer goods or services, and breaches of safety standards. MORE

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06 September, 2018
Spruson China Update: Digital platform switched for SINO-US priority document exchange

Starting from September 1, 2018, the China National Intellectual Property Administration (CNIPA) and the United States Patent and Trademark Office (USPTO) will switch to the World Intellectual Property Organization (WIPO) Digital Access Service (DAS) platform for exchanging electronic priority documents. MORE

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29 August, 2018
Spruson Working Requirement in Indonesia

According to Indonesian Patent Law (Article 20), patent owners are obligated to make products or use processes that are covered by their patent in Indonesia in order to support technology transfer, investment and/or local employment. MORE

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