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Spruson Clarification on Data Collection Requirements for Patent Term Extensions: Section 76A Repealed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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17 August, 2018
Spruson Tempest Destroys Abel Tasman

Casella Wines Pty Limited (Casella) filed a trade mark application on 15 December 2015 for the word mark ABEL TASMAN in respect of wine in class 33. It was accepted on 12 May 2016 and subsequently opposed by Southcorp Brands Pty Ltd (Southcorp) under sections 44, 60, 42 and 62A of the Trade Marks Act (the Act). The Hearing Officer only considered the section 60 ground (which was enough for the opposition to succeed). MORE

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16 August, 2018
Spruson China Update: “Small is beautiful” – the potential need for additional focused claims

In our newsletter of March 16, 2017 we reported on the recent changes in the Guidelines for Examination http://www.spruson.com/china-revises-guidelines-for-patent-examination/ . In one paragraph we speculated that there is a need for “including narrow claims, as a reservoir for amendments in case the patent is later challenged in invalidation proceedings” even though the new guidelines offered more freedom to make amendments during invalidation. MORE

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03 August, 2018
Spruson IPOS becomes a Supplementary International Search Authority

The Intellectual Property Office of Singapore (IPOS) has recently become the ninth IP office recognised by WIPO as a Supplementary International Search Authority (SISA). IPOS is also the only SISA capable of searching a Chinese database in Chinese. MORE

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19 July, 2018
Spruson Spruson & Ferguson welcomes our expanded Australian team

Spruson & Ferguson welcomes its expanded Australian team and is pleased to now offer direct services from an additional primary office in Brisbane. As previously announced, Spruson & Ferguson has merged with Australian IP firms Cullens and Fisher Adams Kelly Callinans to form one combined firm operating as Spruson & Ferguson. MORE

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11 July, 2018
Spruson Spruson & Ferguson appoints seven new Principals

Spruson & Ferguson is pleased to announce the appointment of seven new Principals across the firm as part of the 2018 promotions. MORE

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02 July, 2018
Spruson Asia-Pacific Trade Mark Update - June 2018

Read about oppositions between Swatch and Apple in New Zealand, or how bad faith was a determining factor in a successful opposition for an Australian wine brand.
Find out also about the latest changes in trade mark legislation in China, Cambodia, Laos and Thailand and how they contribute to the simplification of IP law and practices in these countries. MORE

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27 June, 2018
Spruson The What, Why and How of a Licence Agreement - Licensing Masterclass (Intermediate)

Spruson & Ferguson Principal, Sylvie Tso, will co-host a LESANZ intermediate licensing workshop in Sydney on Tuesday 14 August. The one-day workshop will cover the core concepts and practices for structuring, negotiating and drafting a licence agreement. MORE

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22 June, 2018
Spruson First interlocutory injunction granted in Australia restraining the threatened launch of a biosimilar

On 12 June 2018, Justice Burley of the Federal Court of Australia granted the first interlocutory injunction to restrain the threatened launch of a biosimilar pharmaceutical product in Australia, in the decision of F.Hoffmann-La Roche AG v Sandoz Pty Ltd [2018] FCA 874. MORE

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06 June, 2018
Spruson Developing an IP Strategy – Spruson & Ferguson contributes chapter to new Australian Entrepreneur’s Guide

Spruson & Ferguson’s Sylvie Tso, Natalia Blecher and David Müller-Wiesner have contributed a chapter to the Australian Entrepreneur’s Guide, launched recently at the Myriad Festival in Brisbane. MORE

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30 May, 2018
Spruson Mark Horsburgh recognised by LESI for services and leadership

Spruson & Ferguson (incorporating Fisher Adams Kelly Callinans) Principal Mark Horsburgh has been recognised by the Licensing Executives Society (LES) for service and leadership to … MORE

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24 May, 2018
Spruson A Tale of Two David Jones: DAVID JONES VS DAVID JONES PHARMACY

Many Australian consumers may have heard or walked into a department store called David Jones. However, many Australian consumers may not have heard or walked … MORE

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17 May, 2018
Spruson Australian Designs Law - Key features to keep in mind when registering your design

Australian Designs Law has a number of unique elements that differentiate it from jurisdictions such as the United States, Europe or Japan. Design owners may be surprised by some provisions of the Australian Design Law and need to be vigilant when registering their designs. In this article we summarise some key characteristics of the Australian Designs Act 2003 and highlight the main differences with foreign jurisdictions. MORE

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11 May, 2018
Spruson Spruson & Ferguson's Asia-Pacific Patent Team at BIO 2018

Members of Spruson & Ferguson’s Asia-Pacific Patent team will be attending the 2018 BIO International Convention in Boston. We are pleased to welcome the members of the Cullens team, who from 9 April 2018, operate as part of the broader Spruson & Ferguson business. MORE

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10 May, 2018
Spruson Singapore launches new initiative to fast-track FinTech patents

The Intellectual Property Office of Singapore (IPOS) has launched a new FinTech Fast Track (FTFT) initiative designed to expedite the patent application-to-grant process for FinTech inventions. MORE

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04 May, 2018
Spruson You think you have a right to terminate a contract if the other side is insolvent? Maybe not after 1 July 2018

From 1 July 2018, new restrictions will come into effect preventing parties from enforcing certain rights (including termination rights) triggered by insolvency events. The new laws seek to assist businesses undergoing financial distress to “maximise their chances of survival”, as termination of valuable contracts could potentially prevent such businesses from going through the necessary restructure in order to survive. However, interested parties have until 11 May 2018 to respond to the Exposure Draft of the relevant regulations with proposed exemptions to the new laws (Proposed Exemptions). MORE

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03 May, 2018
Spruson Singapore Rejects Doctrine of Equivalents

In a recent case before the Court of Appeal of Singapore, the doctrine of equivalents used in other jurisdictions has been found not to apply in Singapore. MORE

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27 April, 2018
Spruson Patent Owners to Benefit from Changes to Official Patent Fees in China

Patent owners will benefit from a number of changes to SIPO’s official fees for patent applications in China, which will come into effect from 1 August 2018. The changes were announced by the Ministry of Finance and National Development and Reform Commission on 12 April 2018 and are aimed at reducing the fee burden for innovative companies. MORE

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23 April, 2018
Spruson How do I stop the misuse of my trade marks on social media sites?

Internet has become an effective tool for brand marketing and there are many benefits to promoting your goods or services via social media. MORE

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23 April, 2018
Spruson Spruson & Ferguson's Asia-Pacific Trade Mark Team at INTA 2018

Members of Spruson & Ferguson’s Asia-Pacific Trade Mark team will be attending the 2018 INTA Annual Meeting in Seattle. We are pleased to welcome the … MORE

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17 April, 2018
Spruson New gTLD Sunrise Availability April - May 2018

Generic top-level domains (gTLD) such as .com, .net and .org typically cycle through a “Sunrise Period” prior to becoming available to the general public. MORE

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17 April, 2018
Spruson Laos to admit examination results of China invention patents under new MOU

On 2 April 2018, the State Intellectual Property Office of the People’s Republic of China (SIPO) and Laos’ Ministry of Science and Technology (MST) signed a Memorandum of Understanding (MOU) on Intellectual Property Cooperation between the MST and SIPO. MORE

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27 March, 2018
Spruson Asia-Pacific Regional Trade Mark Update - March 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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23 March, 2018
Spruson China Update: Government restructure gives SIPO responsibility for both patents and trademarks in China

During its first session on 13 March the National People’s Congress approved a restructuring plan which includes both organizational and responsibility changes for the State Intellectual Property Office (SIPO). MORE

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22 March, 2018
Spruson Should I trade mark my domain name?

There can be some confusion when it comes to ownership rights of trade marks and domain names. Domain names are obtained separately from trade marks. … MORE

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16 March, 2018
Spruson Patent Owners: Key Things to Know

Patent owners need to know their options and any implications of their decisions. Most of the time, patent owners really just want to know two things:
– How long will it take?
– How much will it cost? MORE

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15 March, 2018
Spruson Spruson & Ferguson a gold sponsor of IPBC Southeast Asia

Spruson & Ferguson is delighted to be a gold sponsor of this week’s IP Business Congress (IPBC) Southeast Asia in Singapore. MORE

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13 March, 2018
Spruson New Zealand announces amendments to its patent regulations

Late last week the Intellectual Property Office of New Zealand (IPONZ) announced that the New Zealand Patent Regulations will soon be subject to a number of adjustments. The amended regulations, Patents Amendment Regulations 2018, will come into force on 5 April 2018. MORE

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09 March, 2018
Spruson SIPO releases details for validating China invention patents in Cambodia

Further to our article on the Memorandum of Understanding (MOU) on Intellectual Property Cooperation between Cambodia’s Ministry of Industry and Handicrafts (MIH) and the People’s Republic of China (SIPO), on 2 March 2018, during a press conference, SIPO released some practice details in regard to the validation of China patent in Cambodia MORE

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09 March, 2018
Spruson Hong Kong announces HK$50 Billion Investment in Innovation and Technology

Last week the Financial Secretary for the Hong Kong Special Administrative Region (HKSAR), Mr. Paul Chan Mo-po, unveiled Hong Kong’s 2018-19 budget, which includes a HK$50 billion investment in innovation and technology. These budget allocations are expected to establish Hong Kong more firmly as an innovation and technology development centre. MORE

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02 March, 2018
Spruson International IP protection

One thing to remember is that you can’t reserve your rights in all countries with just one application. MORE

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01 March, 2018
Spruson Will a brand refresh create new problems with your registered trade mark?

Let’s say you’ve been in business for a while and you have decided it’s time to modernise your brand. You want to remain recognisable to … MORE

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28 February, 2018
Spruson Kristian Robinson recognised in 2018 Lexology/International Law Office Client Choice Awards

We are delighted to announce that Kristian Robinson, Spruson & Ferguson Managing Director, Asia has been announced winner of the Singapore – Patents category in the 2018 Lexology/International Law Office Client Choice Awards – recognising his client-focused approach and high quality patent services. MORE

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13 February, 2018
Spruson New gTLD Sunrise Availability February - April 2018

Generic top-level domains (gTLD) such as .com, .net and .org typically cycle through a “Sunrise Period” prior to becoming available to the general public. MORE

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06 February, 2018
Spruson Three IP firms to combine under Spruson & Ferguson brand

Australian IP firms Fisher Adams Kelly Callinans, Cullens and Asia-Pacific IP firm Spruson & Ferguson have today announced they will combine to form one firm, operating under the Spruson & Ferguson brand from April 2018. MORE

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25 January, 2018
Spruson China Update: High damage awards in patent cases not always what they seem

In December 2016 a decision of the Beijing IP Court received wide attention as it potentially signaled increased damage awards in China patent cases. The decision by the Court in Watchdata System Co. Ltd. (“Watchdata”) vs. Hengbao Co., Ltd. (“Hengbao”) saw damages of RMB 50 million (USD 7.8 million) awarded to the plaintiff, including 1 million RMB for reimbursement of litigation costs. MORE

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16 January, 2018
Spruson Australia Update: $1 awarded to Pokémon - a win that may not feel like a win

Pokémon receives no injunctive relief and $1 in nominal damages from Redbubble for copyright infringement and contravention of the Australian Consumer Law. MORE

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12 January, 2018
Spruson Vietnam Update: Changes to Patent Procedures in Vietnam

On 15 January 2018, the amended implementing regulations of the Law on Intellectual Property of Vietnam, in the form of Circular No. 16/2016/TT-BKHCN , will enter into force. MORE

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