Tuesday, September 6, 2016

Budget 2017 Wish

Individual inventors have great ideas. Tax rebates should be given for invention investment and promotion activities including patent fillings. #Bajet2017 #Myipo

Read More : http://www.nst.com.my/news/2016/09/171075/najib-invites-public-contribute-ideas-2017-budget

Monday, August 22, 2016

APAA Bali 2016

Asian Patent Attorneys Association (APAA) 66th Council Meeting will be held in Bali, Indonesia on 8-11 October 2016. The principal, Dennis, will be attending the event. Do send him a message if you are attending APAA Bali 2016 and wish to meet him.

Monday, August 8, 2016

Patent of 2016 National IP Award goes to 'Wind Turbine'

Dr Chong Wen Tong explaining to Hamzah Zainudin, Minister of Domestic Trade

The gold medal for patent of Anugerah Harta Intelek Negara award goes to 'Cross Axis Wind Turbine', a novel wind turbine by Dr Chong Wen Tong's green energy research group from Universiti Malaya. There is only one gold medal provided by World Intellectual Property Organization (WIPO), for Anugerah Harta Intelek Negara 2016 or National Intellectual Property Award 2016, organized by Perbadanan Harta Intelek Malaysia (MyIPO) on 2 Aug 2016. The medal for patent is a form of recognition for outstanding innovators.

The wind turbine patent application was prepared by our firm. Malaysia have relative low wind. A new rotor was invented to generate electricity from low wind energy.

Tuesday, June 28, 2016

What if UK exits EU? An IP Perspective

Despite the referendum, United Kingdom (UK) is still a member of European Union (EU). As a member of EU, UK still enjoys unified IP laws and protection throughout EU. If UK exits EU, UK would most likely lose the benefits of EU established IP protection.

1) Trademarks, Designs and Plant Variety
Community trademark (now known as EU trademark as of 23 March 2016), community design and community plant variety can be filed and enforced throughout EU member states. If UK leaves EU, the geographical scope of EU granted protection will be reduced to EU member states minus UK.

2) Patents
UK is a member of European Patent Convention (EPC) which is independent of EU. Norway, Switzerland and Turkey which are not members of EU are also members of EPC. UK will most likely remain as EPC member. However, UK may not be part of unitary patent implementation as EU membership is prerequisite for unitary patent.

3) English as official language of EU
EU free trade agreements with US and Asian countries are conducted in English. Currently, English is one of the official language for European patent. Will English be maintained as one of the official language of EU? English may have less influence in Europe due to widespread influence of French and German language. We hope that EU would not reduce the usage of English language as the rest of the world communicates in English.

Saturday, June 11, 2016

Unitary (European) Patent

On 11 December 2012 the European Parliament voted positively in a first reading on the EU Council's compromise proposals for two draft EU regulations on a unitary patent for Europe. The draft regulations were accepted under the EU's legislative procedure of "enhanced co-operation": With the exception of Croatia and Spain, 26 EU member states have embarked on enhanced co-operation with a view to creating unitary patent protection for their territories.

The regulations entered into force on 20 January 2013. However, they will only apply from the date of entry into force of the Agreement on a Unified Patent Court.

The European patent with unitary effect ("unitary patent") will be an another option for users besides already-existing national patents and classical European patents. A unitary patent will be a European patent granted by the EPO under the provisions of the European Patent Convention to which unitary effect for the territory of the 26 participating states is given after grant, at the patentee's request. The unitary patent will thus not affect the EPO's day-to-day search, examination and granting work.
However, the EPO will take on a number of additional tasks. For example, it will administer patentees' requests for unitary effect. It will also be responsible for collecting, administering and remitting renewal fees for unitary patents and for keeping a register of unitary patents which will include legal-status information such as licences, transfers, limitation, revocation or lapse.

As regards the translation arrangements for the unitary patent, it was decided to use the EPO's tried and tested language regime based on three official languages, namely English, German or French. After grant of the European patent, no further human translations will be required if the patent holder opts for a unitary patent; high-quality machine translation will be available for the purpose of informing on the content of patents. -EPO

The unitary (European) patent is targeted to go into effect in early 2017. After going into effect there are four ways to gain patent in Europe:

(1) Filling national patent applications and maintaining granted patents in selected national patent office;

(2) Filling single European patent application in EPO; and maintaining granted patents in selected national patent office (current practice);

(3) Filling single European patent application and maintaining granted European patent in EPO (proposed future practice);

(4) Filling single European patent application in EPO; and maintaining granted patent in EPO and selected national patent office (proposed future practice).

Saturday, May 7, 2016

Gucci apologises after warning Hong Kong funeral shops not to sell fakes

Luxury fashion brand Gucci apologised on Friday (April 6) after warning Hong Kong's funeral shops not to sell paper fakes of its products, traditionally burned as tributes to the dead.

Burning paper replicas of everything a loved one could ever want in the afterlife is an enduring tradition in Hong Kong - from mundane daily life items, including pairs of socks and false teeth to high-end status symbols like cars, smartphones and designer handbags.

Gucci sent letters to store owners last month asking them not to sell paper replicas bearing Gucci-like logos, saying it was an infringement of their trademark.

That led to criticism from some shops and customers who said the brand was interfering in an age-old custom they felt was harmless.

"We regret any misunderstandings that may have been caused and sincerely apologise to anyone we may have offended through our action," Gucci said on Friday.

The company said its letters were sent out as part of efforts to protect its global intellectual property and said it held the funeral traditions "in utmost respect".

"We trust that the funeral store owners did not have the intention to infringe Gucci's trademark. Accordingly, we did not suggest any legal action or compensation," the statement added.

It did not say whether Gucci would continue to ask shops to take the replicas off the shelves.

But a source close to the matter said most of the six stores that received the letters had agreed to stop selling the products. - AFP

Monday, March 14, 2016

Samsung wins appeal in patent dispute with Apple

A U.S. appeals court on Friday (Feb 26, 2016) overturned a $120 million jury verdict against Samsung, finally handing the South Korean smartphone maker a significant win in its longstanding patent feud with top rival Apple.

The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., said Samsung Electronics Co Ltd did not infringe Apple's "quick links" patent, and that two other patents covering the iPhone's slide-to-unlock and auto-correct features were invalid. The court also said Apple was liable for infringing one of Samsung's patents.

In a statement, a Samsung spokeswoman said: "Today's decision is a win for consumer choice and puts competition back where it belongs - in the marketplace, not in the courtroom.”

Apple and Samsung have been battling over mobile device technology patents for years. Apple has mostly prevailed, and in December, Samsung paid Apple $548.2 million stemming from a separate patent case, which Samsung has appealed to the U.S. Supreme Court.

Friday's ruling was issued by a unanimous three-judge panel of the Federal Circuit, the country's top court specializing in patent issues.

The ruling reverses a May 2014 verdict from a federal court in San Jose, California ordering Samsung to pay $119.6 million for using Apple's patented technology without permission.

Infringement of the quick links feature, which allows the device to recognise data on the touchscreen, such as a phone number, and link to it to make a call, accounted for nearly $99 million of the damages.

While the appeals court said that Samsung did not use the same technology to detect and link to specific data, it also said Apple's other patents were obvious compared to previously known inventions and should never have been granted.- Reuters