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NEWS JANUARY 2015 - DECEMBER 2015

ALGERIA

ALGERIA: Joins the Madrid Protocol.

Joins the Madrid Protocol.

Algeria has acceded to the Madrid Protocol for the International Registration of Marks. On July 31, 2015, the Government of the People's Democratic Republic of Algeria deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

EUROPE

ALGERIA: Joins the Madrid Protocol.

EU Trademark reform.

The European Parliament, European Council and European Commission have reached an agreement in relation to a new European Union trade mark reform package, which represent the most substantial change to EU trade mark law since the Community Trade Mark was introduced

ISRAEL

ALGERIA: Joins the Madrid Protocol.

New Designs Bill.

On July 13, 2015, a new Designs Bill passed its first reading in the Israeli Parliament - the Knesset.

CAMBODIA - TAIWAN

ALGERIA: Joins the Madrid Protocol.

Re-registration of Singapore patents in Cambodia.

As a consequence of the agreement between the Intellectual Property Office of Singapore and the Cambodian Ministry of Industry, owners of granted Singaporean patents can now re-register their patents in Cambodia.

INDIA

ALGERIA: Joins the Madrid Protocol.

New Computer related invention Guidelines.

The Indian Patent Office has released its Guidelines for Examination of Computer Related Inventions with the purpose of providing a more uniform and consistent guidelines for the examination of patent applications in this field. The guidelines are available in English on the IPO's website.

COLOMBIA

ALGERIA: Joins the Madrid Protocol.

Recently implemented procedural changes.

The Colombian Patent Office is now conducting a review of patent applications shortly after they are filed, in order to verify if the application contains claims not allowed under their legislation - i.e.: method claims, second uses, Suisse type claims and others.

THAILAND

ALGERIA: Joins the Madrid Protocol.

Stricter time limits to submit formal documents.

Effective July 2015, the Thailand Patent Office is requiring to submit the following documents within 90 days from the filing date: PoA, Assignment document and, if applicable, a Statement of Applicant's Right to Apply for a Patent.

JAPAN

ALGERIA: Joins the Madrid Protocol.

Geographical indication protection in Japan.

Pursuant to a direction of the Ministry of Agriculture of Japan (MAFF), protection for geographical indications is now possible in Japan.

AUSTRALIA

ALGERIA: Joins the Madrid Protocol.

Resolution on Isolated nucleic acid sequences.

The High Court of Australia in the Myriad Genetics appeal has decided that an isolated nucleic acid sequence, coding for a BRCA1 protein,

CHINA

ALGERIA: Joins the Madrid Protocol.

Reduction of certain IP official fees.

China announced the reduction of certain administrative fees related to IP matters. In particular, fees for filing a TM application, for designation over 10 items of goods or services per class as well as the filing fee for each additional item.

SPAIN

ALGERIA: Joins the Madrid Protocol.

Amendment of Criminal Code affecting changes to crimes related to Intellectual Property Rights.

Changes in the Criminal Code in Spain are effective as of July 1st, 2015. These changes are aimed at broadening the scope of criminal offences against IP rights, affecting, in particular, fight against counterfeiters and street sellers.

ASIA - PACIFIC

ALGERIA: Joins the Madrid Protocol.

TPP: Trans-pacific partnership with intellectual property provisions affecting Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the US and Vietnam .

On October 4th, 2015, Ministers of the mentioned 12 countries signed this agreement which, among other things, intends to create a platform for regional economic integration, reduce barriers and facilitate the development of production and supply chains.

GAMBIA

ALGERIA: Joins the Madrid Protocol.

Accession to the Madrid Protocol.

The Government of The Gambia deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol.

KUWAIT

ALGERIA: Joins the Madrid Protocol.

Increase in official fees.

The Ministry of Commerce and Industry, Patents and Trademarks in Kuwait has verbally announced that the official fees for trademarks registration will be substantially.

WIPO

LEBANON: New Requirement for Powers of Attorney.

New Multilingual Interface for ePCT:

WIPO launched the multilingual interface of ePCT, marking a major expansion of its global gateway for online filing and management of international patent applications.

LEBANON

LEBANON: New Requirement for Powers of Attorney.

New Requirement for Powers of Attorney.

The Lebanese Ministry of Economy & Trade recently issued new a memorandum requiring that all powers of attorney of foreign applicants must be legalized by the Lebanese Consulate abroad.

UAE

LEBANON: New Requirement for Powers of Attorney.

Increase in Official Fees:

On 29 May 2015, the announced increase in Official Fees comes into effect. Pursuant to Ministerial Resolution no. 9 of 2015, the official fees for trademark matters have doubled almost across the board in comparison with their current level.

CHINA

LEBANON: New Requirement for Powers of Attorney.

New guidelines on application of the Anti-Monopoly Law to intellectual property rights.

China's State Administration for Industry and Commerce finally has released its guidelines on the application of the PRC Anti-Monopoly Law ("AML") to intellectual property rights ("Guidelines").

BRAZIL

LEBANON: New Requirement for Powers of Attorney.

On March 16, 2015, the INPI published in the Official Gazette the draft guidelines for patentable subject matter and patentability requirements for substantive examination:

The draft rules on patentable subject matter, patentability requirements and their examination by the INPI per se, with specific provisions in relation to novelty,

KAZAKHSTAN

LEBANON: New Requirement for Powers of Attorney.

Developments in IP legal issues

The IP legal framework was amended on 7 April 2015, coming into effect on 20 April 2015.

QATAR

LEBANON: New Requirement for Powers of Attorney.

Changes on the payment of patent annuity fees:

The Qatar IP Office stated that annuity fees must be paid along with the filing fees for all new PCT patent applications. Annuities shall be calculated as of the International filing date and not the actual filing date in Qatar.

VENEZUELA

LEBANON: New Requirement for Powers of Attorney.

Increase in Official Fees:

On May 5, 2015, the Venezuelan PTO published the new increased fees for all IP matters in Venezuela.

TAIWAN

LEBANON: New Requirement for Powers of Attorney.

Deferment of substantive examination:

As of April 1st, 2015, the TIPO accepts requests for deferment of substantive examination of an invention patent application at the same time of requesting such examination or thereafter but, in any case, within 3 years of the application filing

CHINA - SINGAPORE

LEBANON: New Requirement for Powers of Attorney.

Memorandum to promote Trademark registration cooperation:

On 18 May 2015, China and Singapore signed a Memorandum of Understanding on trade mark cooperation enhancing exchanges on trade mark registration, examination practices, protection and enforcement.

BRITISH VIRGIN ISLANDS

LEBANON: New Requirement for Powers of Attorney.

New Trade Marks Act and a last chance to file UK-based applications.

A new Trade Marks Act comes into force on 1 September 2015. Among other things, a new scale of official fees will be introduced

EGYPT - JAPAN

LEBANON: New Requirement for Powers of Attorney.

Patent Prosecution Highway.

Egypt and Japan began a two-year PPH agreement pursuant to which applications accepted to be granted in Japan may be subject to an accelerated examination in Egypt if the applicants request it.

PHILLIPINES - KOREA

LEBANON: New Requirement for Powers of Attorney.

Patent Prosecution Highway program.

The Intellectual Property Office of the Philippines (IPOP) and the Korean Intellectual Property Office (KIPO) have started a 2 year pilot Patent Prosecution Highway (PPH) program.

AUSTRALIA - CHINA

LEBANON: New Requirement for Powers of Attorney.

Signature of Free Trade Agreement:

The Governments of Australia and China signed on June 17th, 2015, signed a Free Trade agreement with a number of IP implications.

WIPO

LEBANON: New Requirement for Powers of Attorney.

PCT - Amendments for restoring the right of priority.

Effective July 1st, 2015, a requirement has been introduced, for applicants making an express request for early national phase entry, to file any request for the restoration of the right of priority at the designated or elected Office...

KOREA - TAIWAN

LEBANON: New Requirement for Powers of Attorney.

Memorandum of understanding for patent cooperation in PPH.

Under the PPH Program, if one of the claims of an invention application is determined to be allowable in either Patent Office,

JAPAN - TAIWAN

LEBANON: New Requirement for Powers of Attorney.

Guidelines for Cooperation on the Deposit of Biological Materials in Relation to Patent Procedure.

Japan and Taiwan agreed on a Cooperative Program which serves the purpose of saving patent applicants - redundant efforts to deposit multiple duplicates of the biological materials, or microorganisms,

SINGAPORE

LEBANON: New Requirement for Powers of Attorney.

Intellectual Property Office of Singapore to Begin Operating as ISA, SISA and IPEA:

Following the appointment, at the 46th session of the Assembly of the PCT Union which was held in September 2014, of the Intellectual Property Office of Singapore (IPOS) as International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT

WIPO

LEBANON: New Requirement for Powers of Attorney.

PATENT PROSECUTION HIGHWAY: More Offices join the Global PPH pilot:

On 6 July 2015, the Estonian Patent Office and the German Patent and Trade Mark Office joined the Global PPH (GPPH), bringing the number of Offices that have signed up to the pilot to 21. It is recalled that under this pilot, it is possible for a request for accelerated processing to be made at any participating office based on work products

ARGENTINA

LEBANON: New Requirement for Powers of Attorney.

Increased official fees.

The Argentine Patent and Trademark Office has increased the official fees. A first increase will become effective on August 8, 2015, while a second increase is scheduled to become effective on October 1, 2015. Here follows a list of the current and future official charges for the main items. Kindly note that the specific amounts may vary depending on the actual rate of exchange

EUROPE

LEBANON: New Requirement for Powers of Attorney.

EPO announces Top 4 fee schedule for unitary patents.

The EPO has now answered this question with an announcement on 24 June 2015 that unitary patent renewal fees will be set using the so-called 'Top 4' fee schedule, which will be reviewed in four years' time.

ARGENTINA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

Applicants keep on struggling to get pharmaceutical patents in Argentina.

The new guidelines published in 2012 keep on putting obstacles and limitations to the patentability of pharmaceutical products. These guidelines are subject to revision of the competent Courts.

AUSTRALIA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

Patent Office indicates that it no longer has any reservations relating to the standards required for Electronic Filing and Processing of International Patent Applications

The Australian Patent Office announces that it is now in a position to withdraw its notification of incompatibility under Section 703(f) of the Administrative Instructions (in relation to filing requirements and the basic common standard as to the means of transmittal),

CAMBODIA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

A MOU has been signed to recognize in Cambodia search and examination reports from the IP Office of Singapore.

On 20 January 2015, the Intellectual Property Office of Singapore and Cambodia's Ministry of Industry signed a Memorandum of Understanding according to which patent search and examination reports from IPOS will be recognized in Cambodia.

CHINA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

China creates new specialized IP Courts.

Three specialized IP courts in Beijing, Shanghai and Guangzhou have become operational in China. The new IP courts will serve as the court of first instance for, among others, (1) technically complex civil and administrative patents cases, technology secrets, computer software,

COSTA RICA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

The Patent Office's Practice in relation to granting fees is changing.

Until recently, the Patent Office was not enforcing the provision in Costa Rican Patent Law which set forth a deadline of three months as from the notification of favorable examination to pay the granting fees.

EUROPE

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

European Court of Justice: A resolution states that an organism which is incapable of developing into a human being does not constitute a human embryo within the meaning of the Biotech Directive.

The Court of Justice of the European Union issued a resolution providing some clarification regarding the meaning of human embryo used in the Biotech Directive. It concludes that an organism which is incapable of developing into a human being does not constitute a human embryo within the meaning of the Biotech Directive. Formerly, the European Court of Justice (C 34/10) sustained that the concept of "human embryo" includes unfertilized human ova whose division and further development have been stimulated by parthenogenesis, based on the fact that such ova are capable of commencing the process of development into a human being.

INDIA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

Amendments on design rules have entered into force, affecting the official fee structure.

On January 1st, the Indian Patent Office released a notice announcing the enforcement of the amendments to the Indian rules on designs.

ISRAEL

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

Circular on 3D Trademarks.

The Israeli Patent Office has issued a Circular which aims at providing clarity with regards to the possibility of registering shapes of objects and containers either as trademarks and/or as designs.

JAPAN

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

New Japanese Laws took effect on 1 April 2015.

As of 1 April 2015, Japanese IP laws were amended. Among other things, Patent Law will (1) adopt a post grant opposition system,

MOROCCO

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

Morocco accepts validation of European Patents.

Applicants of European patents filed as of 1 March 2015 have the option of requesting validation in Morocco, which would have the same effect as a national Moroccan patent and whose enforcement will be subject to Moroccan patent law.

EUROPE

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

"European Court of Justice" A resolution states that it is not possible to obtain a second SPC for a combination comprising a product containing an active ingredient (sole subject-matter of the invention) and a not novel substance.

In case C-577/13 the ECJ has resolved that when a basic patent claims a product comprising an active ingredient which is the sole-subject matter of the invention, it is not possible to obtain a second SPC conferring protection to a combination of that active ingredient and another substance which is not novel.

JAPAN

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

The Japan Patent Office withdraws certain notifications of incompatibility with its national law regarding the notification and effect on restoration of right of priority.

MEXICO

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

New guidelines for approval and renewal of biological products.

Since 9 February 2015, new guidelines apply in Mexico for the approval and renewal of Biologics.

NORWAY

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

Norway does not require translation into Norwegian of the specification of European Patents granted after January 1st, 2015, as long as the patent is granted in English or an English translation is supplied.

On 26 September 2014, Norway joined the London Agreement. As a consequence, all European patents granted on or after 1 January 2015 will enjoy the provisions of the London Agreement pursuant to which a Norwegian translation of the specification will not be required as long as it is available in English (either because the patent has been granted in English or because an English translation has been provided).

SINGAPORE

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

PPH pilot program between the European Patent Office and the Intellectual Property Office of Singapore.

The EPO and the IPO of Singapore signed an agreement to set forth a pilot program enabling an applicant whose claims have been determined to be patentable to have a corresponding application filed with a PPH partner office processed in an accelerated manner.

SAUDI ARABIA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

The Saudi Patent Office has begun acting as a Patent Cooperation Treaty Receiving Office on 1 January 2015.

As a consequence of the Saudi Patent Office becoming a Receiving Office, international applications may be filed at the using WIPO's ePCT filing system.

JAPAN

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

US and Japan - Join the Hague System.

The United States of America and Japan have joined the Hague System for the International Registration of Industrial Designs, adding two of the world's biggest economies to a WIPO-administered registry that supports creators worldwide.

CAMBODIA

JAPAN: Withdrawal of Notifications of Incompatibility of Certain PCT Rules with National Laws.

ZIMBABWE AND CAMBODIA - Accession to Madrid System.

The Madrid Protocol will enter into force, with respect to Zimbabwe, on 11 March 2015 and to Cambodia on 5 June 2015. With regard to Cambodia, said instrument of accession was accompanied by a declaration whereby the time limit of one year to notify a provisional