香港:知识产权争议能否透过仲裁解决?

Reading Time: 1 minutes随着全球知识产权交易日益增加,人们更需要高效的争议解决程序。为推动香港成为知识产权交易枢纽及国际知识产权仲裁及调解中心,律政司于2015年12月发布了《2016 年仲裁(修订)条例草案》咨询文件,旨在了解是否需要就知识产权争议的仲裁问题修订法例。目前,香港既没有具体法例条文、亦没有权威性的判例清楚说明,香港法律是否承认涉及知识产权争议的仲裁结果。香港法例第609章《仲裁条例》并无说明哪些种类的主题事宜可透过仲裁解决。

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香港:前雇员申请类似专利,雇主可如何追究?

Reading Time: 1 minutes在Acron International Technology Limited v Chan Yiu Wai & Anor HCA 1709/2010(裁决日期:2016年1月25日)一案中,原告人成功控告一名前雇员在终止受雇后,申请一项与原告人开发的技术相似的专利,这是原讼法庭首次就《专利条例》第57(1) 条作出裁决。

案情重点
原告人是一间在香港注册、从事科技行业的创新企业,第一及第二被告人为其前雇员。两名被告人于2004年10月18日递交辞职信,并于离职后8日,即2004年11月26日,在中国内地共同提出专利申请(「被告人申请」),最后于2009年1月7日获授予专利。

A Practical Guide to Registering Designs in Singapore

Reading Time: 6 minutesGreat designs provide great value. They attract customers, build loyalty and help increase market share. Given the importance of design in today’s world, understanding how to obtain proprietary rights over valuable designs can give you a serious leg up on the competition. What Are Registered Designs? Simply put, registering a design protects a product’s aesthetic […]

Top 10 Frequently Asked Questions answered by an Intellectual Property Lawyer

Reading Time: 6 minutesAsia Law Network sits down with Jeremiah Chew, an intellectual property and technology lawyer based in Singapore, to get his views on the top questions frequently asked about Intellectual Property. Jeremiah specializes in intellectual property, technology and competition law. He regularly advises on IP registration, licensing and transactions involving the sale and acquisition of IP […]

Vietnam: Disputes arising from NDA – who volunteers to put “Wukong’s magical circlet” on?

Reading Time: 7 minutesIn the case of a company that has sued its employee (“Employee”) for breaching a Non-Disclosure and Non–Competition Agreement limiting the Employee from working for the company’s competitors (non–competition agreement), several controversial assessments and legal precedents have followed. As made by the Commercial Arbitration Council (CAC), these have delivered different opinions to the concerned parties, […]

Copyright in Singapore broken down and explained

Reading Time: 7 minutesCopyright refers to the bundle of rights that is granted by the Copyright Act[1] in respect of original works and other subject-matter for limited periods of time and subject to certain permitted exceptions.[2] So what does copyright protect, and do you need a lawyer to register your Copyright? Copyright can be used to protect works […]

What do you need to know about the new Geographical Indications (GI) Registry?

Reading Time: 3 minutesOn 1 April 2019, Singapore’s Geographical Indications Rules 2019 will come into operation. The Rules, implementing the Geographical Indications Act 2014, create a new Registry of Geographical Indications administered by the Intellectual Property Office of Singapore (IPOS) to enable producers of wines and spirits and of selected categories of agricultural products and foodstuffs, as well […]

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Intellectual Property News: Cicada Cube Pte Ltd V National University Hospital (Singapore) Pte Ltd

Reading Time: 8 minutesIn a decision rendered by Singapore’s Court of Appeal, the highest court in Singapore clarified the position for joint ownership in contested patents. (A) Who are the parties involved in this case? (a) Cicada Cube Pte Ltd (“Appellant”, also referred to as Cicada) Cicada is a Singapore-incorporated software engineering company and is the registered proprietor of the […]

Commentary: Deferred Prosecution Agreements in Singapore

Reading Time: 7 minutes(A) DPA in Singapore? In a 16 January 2018 Business Times article, it was reported that Minister for Home Affairs and Law K Shanmugam announced that there is a possibility of Deferred Prosecution Agreements (“DPAs”) being offered in Singapore to corporations if they abide by specific requirements. Mr Shanmugam said at the Modernising Criminal Justice: […]

Singapore Trade Marks – Intercontinental Exchange Holdings Loses Registration Of “BRENT” and “BRENT INDEX” Trade Marks After Successful Invalidation By Chicago Mercantile Exchange – Chicago Mercantile Exchange Inc. v Intercontinental Exchange Holdings, Inc. [2018] SGIPOS 20

Reading Time: 10 minutesIn a decision rendered by the Intellectual Property Office of Singapore (“IPOS”), it was held that the “BRENT” and “BRENT INDEX” trade marks registered by Intercontinental Exchange Holdings, Inc. is to be declared invalid as Chicago Mercantile Exchange Inc. successfully pleads all grounds of invalidity in their application. (A) Who are the parties involved in […]

Intellectual Property Commentary: The Lost Beat

Reading Time: 3 minutesBeats Electronics, LLC lost its opposition in Singapore against the registration of LG’s mark for “QuadBeat” applied for in Class 9 for various goods, including “Audio Receivers; Headphones; Earphones; Headphones with microphone function; Headsets”. In the opposition, Beats Electronics, LLC relied on nine of its registered trademarks, including the word “BEATS” for a range of […]