News

October 2, 2017

Austria:  Formal Requirements for Recordal of Assignments Reduced

An amendment of the Austrian IP Laws entered into force on August 2, 2017 which considerably reduces the formal requirements for the recordal of assignments, mergers or changes of name.  The new rules will apply for all protective rights (patents, utility models, trademarks, designs and SPCs). Generally, it is now sufficient to submit a confirmatory assignment signed by the concerned parties, without notarization of their signatures.  Filing the original of an assignment document with the signature of the assignor notarized has thus become unnecessary in most cases. Source:  www.sonn.at
September 27, 2017

European Trademark Law: Additional Changes Come Into Force on October 1, 2017

In a bid to streamline processes and facilitate cooperation between Member States, the European Trademark Law has been going through the biggest reform since the introduction of the 1989 Trade Marks Directive (2008/95/EC) and the 1994 Community Trade Mark Regulation (207/2009/EC).  Although many reforms have already been introduced, additional changes will come into force on Sunday, October 1, 2017. The changes include: The elimination of the requirement for the graphical representation of a trademark  The introduction of the EU certification mark Diverse procedural changes. Source:  DEHNS
September 27, 2017

Canada: Increases Patent Term for Eligible Pharmaceutical Patents

A new statutory and regulatory framework came into effect in Canada on September 21, 2017 which will allow Canada to fulfill its obligations under the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union which would allow for the extension of the term for drug patents due to delays resulting from regulatory approval.  At present the United States, Japan and Australia currently have such adjustments to the terms of drug patents.  If eligible, the term of a patent can be extended by up to two years. Source:  Kirby IP
September 19, 2017

Qatar: Trademark Renewal Formalities Updated

Pursuant to Circular no. 6 of 2016, it is possible to pay the trademark renewal fees without a surcharge until the last day of the protection period.  In the past the last day to pay the renewal fees  without a surcharge was the first day of the renewal period. Late payment of renewal fees can be paid 12 months before the renewal due date without shortening the protection period. Source: SABAIP
September 19, 2017

Philippines: Amended Rules/Regulations on Trademarks Effective August 1, 2017

Philippines:  Amended Rules/Regulations on Trademarks   Effective August 1, 2017 the Memorandum Circular No. 17-010 took effect which requires the DAU form to be filed at the following milestones:   Within three (3) years from the date of filing of the trademark application. Within one (1) year from the fifth (5th) anniversary of the registration of the mark, and Within one (1) year from the date of renewal; and Within one (1) year from the fifth (5th) anniversary of each renewal.   Please note that the new requirement of filing the DAU within one (1) year of renewal only applies to registered marks that are due for renewal on or after January 1, 2017, regardless of the filing date of the Request for Renewal.  The submission of the DAU within one (1) year from the date of renewal is required for maintaining the registration.   Source:  Mirandah Asia
September 19, 2017

Thailand: Applications for Sound Trademark Registration Accepted Effective September 1, 2017

Effective September 1, 2017 the Thai Department of Intellectual Property will accept applications for sound trademark registration, as provided for in Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017), issued under the Trademark Act B.E. 2534 (A.D. 1991) To apply to register a sound trademark, clause 11 of the Ministerial Regulation requires applicants to submit the following items, in addition to the list of goods or services: A detailed written description of the sound and specifying whether the sound is categorized as a human sound, an animal sound, a piece of music/melody, or other type of sounds, and An audio recording of the mark in a digital file format, such as MP3, saved on a USB flash drive, with a maximum length of 30 seconds. Applicants may also submit musical notations or a spectrogram of their sound as part of their application if they choose. To be eligible for registration, sound trademarks must not directly represent a product’s properties, or be sounds naturally made by the product or made as part of the product’s usage or operation (e.g., the sound of cows cannot be registered as a sound for dairy products.) Source:  Tilleke & Gibbins
August 23, 2017

Protecting Your Intellectual Property

Read Olcott’s article “Protecting Your Intellectual Property” featured in German American Trade Quarterly Magazine.
August 7, 2017

Oman: Officially Adopts the Gulf Cooperation Council Trademark Law

  Effective July 31, 2017 Oman has officially adopted the Gulf Cooperation Council Trademark Law.  The decision was published in the Official Gazette on July 30, 2017.  Issuance of the Implementing Regulations will be forthcoming, and it is expected that there will be a significant increase in official fees.   Source:  Saba IP
July 13, 2017

Madrid: E-Renewal System Improved

WIPO recently announced that the e-renewal system has been improved.  The service allows for the renewal of the international registration of a mark, including during the grace period. Online requests for renewals are now available three months prior to the expiration of the international trademark registration.  After paying through the e-Renewal system, requests will not be affected by any subsequent fee changes. With this improvement the cost of the renewal can be predicted with greater accuracy and certainty.   Source: www.wipo.int
June 14, 2017

Common Regulations under Madrid Agreement and Madrid Protocol Amended

Madrid System:   Common Regulations under  Madrid Agreement and Madrid Protocol Amended According to WIPO the amendments to Rules 12, 25, 26, 27 and 32 of the Common Regulations under Madrid Agreement and Protocol and item 7.4 of the Schedule of Fees will enter into force on July 1, 2017. Source:  www.wipo.int