Intellectual Property

Application of The Prosecution History Estoppel in Determination of Equivalent Infringement

Ref.:(2018)最高法民再387号,Darts-ip Ref.:darts-419-468-G-zh Both the doctrine of equivalents[1] and prosecution history estoppel[2] play important roles in the determination of patent infringement. The prosecution history estoppel has a priority when there is a conflict between the applications of these two principles, because prosecution history estoppel is one of the factors that limit the application of the doctrine […]

Opening a new world of international trademarks

As more and more Chinese brands are going global, trademark owners are facing the complex challenges that come with it. Lack of familiarity with foreign trademark law, paired with limited access to effective searching and monitoring may lead to additional expenses, extended timelines and unexpected processes. With experience providing international trademark services for 5,000+ Chinese […]

Trade dress is also protected by the Unfair Competition Prevention Act

Today, we will look at a case that is important in the anti-competition law. This is the first case in Korea to apply Article 2 (1) (k) of the Unfair Competition Prevention Act (darts-340-410-H-ko, darts-794-496-D-ko, darts-793-159-E-ko). Article 2-1 of the Unfair Competition Prevention Act lists acts that correspond to unfair competition practices, and among these, […]

Executives’ Liability for Patent Infringement

The Supreme People’s Court of China reversed a judgement made by the court of second instance in a patent infringement case of SMC Corporation v. Ni Tiancai, Leqing Zhongqi Pneumatic Technology Co., Ltd(“Zhongqi Company” for short), which related to executives’ liability for patent infringement. As the Supreme People’s Court made a detailed discussion on executives’ […]

Protect your business from domain security attacks

As a business, you want your domain names to be memorable, reflect the company ethos and stand out in an overcrowded online world. Ensuring the domain resonates with customers, leads to more traffic and ultimately increased business. However, as a critical element of your online presence, domains have also become a target for hackers, with […]

2019: a year of innovation for New gTLDs

It has been a year of change for the domain industry, with products and services within the New generic Top Level Domain (gTLD) space continuing to expand in both breadth and complexity. We have seen developments in the launches of TLDs (such as .SPORT in January and .NEW in October), new blocking products including AdultBlock […]

Celecox’s patent does not survive in the IP High Court — JPO decision overturned —

In this case, an inadequate support requirement was enough for invalidation, reflecting a recent trend in Japan, as discussed in my columns in 2019, upon which invalidations are being determined simply by a violation of the written description requirements such as support and enablement. Further, this case shows us that we need to be mindful that the support requirement for numerically defined inventions is quite strict.

Looking back: Intellectual property highlights from 2019

As we look forward to a new year, my colleagues and I at Clarivate Analytics wanted to share our selection of the most significant intellectual property related events from 2019 involving patents, trademarks, copyrights and domain names. In no particular order, here are our top ten IP highlights from 2019: The United States Supreme Court […]

Looking back: Intellectual property highlights from 2019

As we look forward to a new year, my colleagues and I at Clarivate Analytics wanted to share our selection of the most significant intellectual property related events from 2019 involving patents, trademarks, copyrights and domain names. In no particular order, here are our top ten IP highlights from 2019: The United States Supreme Court […]