Intellectual Property updates

China

Contributed by Wanhuida Intellectual Property
SPC clarifies requirements for citing prior use defence in trademark infringement cases
  • China
  • 17 February 2020

A recent Supreme People's Court (SPC) decision clarified the requirements to cite the prior use defence under Article 59.3 of the Trademark Law. In this regard, the court stated that the only person eligible to cite this defence is the prior user themselves and that such use must have occurred prior to the registration application and the trademark owner's use of the registered trademark. Further, for the first time, the SPC made it clear that geographical scope is a key element in defining the original scope of use.


South Africa

Contributed by KISCH IP
Conditional acceptance of trademark applications
  • South Africa
  • 17 February 2020

Trademark applications are examined by the Office of the Registrar of Trademarks approximately eight to 10 months after their date of application. This article discusses several possible conditions that examiners often prescribe for accepting trademark applications and which applicants must therefore consider before filing.


Taiwan

Contributed by Lee and Li Attorneys at Law
Copyright protection and Fair Trade Act: handbag design issues
  • Taiwan
  • 17 February 2020

In the ever-changing fashion industry, every signature handbag design represents the designer's endeavour and the brand's goodwill. However, whether a handbag design is protected under the Copyright Act remains controversial. In recent civil decisions, the IP Court has demonstrated how the Taiwanese courts approach this issue.


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