Most important intellectual property law developments in Cambodia in 2017, covering copyright, patent, trademark, geographical indications and industrial designs. Published by Abacus IP.
This presentation discusses some of the potential impacts that Brexit and the June 2017 election can have for NHS procurement in England. It was used in the Brexit, Regulation and Society Seminar held by ManReg in Manchester on 13 June 2017.
This presentation discusses recent trends in the case law of the European Court of Justice in relation to three public procurement issues: the exemption for in-house provision and public-public cooperation, the requirements derived from general principles of procurement law, and the rules on discretionary exclusion and self-cleaning.
Procurement and labour objectives: some thoughts on regulatory substitution a...Albert Sanchez Graells
These are the slides for a presentation at the event Procurement and labour objectives organised by Richard Craven at the University of Leicester on 16 February 2017. They discuss issues of regulatory substitution between labour market and public procurement regulation in the EU.
Procurement issues SCF unfair competition from the public sector (glasgow, se...Albert Sanchez Graells
Presentation given at the Scottish Competition Forum on public procurement issues concerning potential unfair competition from the public sector in commercial markets.
Analysis of recent procurement reforms from perspective of flexibilityAlbert Sanchez Graells
This presentation assesses the reform of the EU public procurement rules in 2014 from the perspective of flexibility. It reflects on legal and case law changes in the period 2011-2017.
When does competition end? A staged approach to procurement modificationsAlbert Sanchez Graells
Presentation given at the "Contract changes in a European perspective" workshop organised by the Danish Public Procurement Association (Dansk Forening for Udbudsret). It discusses the limitations of the approach implicit in Article 72 of Directive 2014/24/EU and the case law of the Court of Justice of the European Union
These are the slides of my presentation at the UEA Law School on 23 November 2016. They synthesise my current thoughts about the analysis of public procurement as a case study from the perspective of the potential emergence of trans-EU public law.
This presentation discusses some of the potential impacts that Brexit and the June 2017 election can have for NHS procurement in England. It was used in the Brexit, Regulation and Society Seminar held by ManReg in Manchester on 13 June 2017.
This presentation discusses recent trends in the case law of the European Court of Justice in relation to three public procurement issues: the exemption for in-house provision and public-public cooperation, the requirements derived from general principles of procurement law, and the rules on discretionary exclusion and self-cleaning.
Procurement and labour objectives: some thoughts on regulatory substitution a...Albert Sanchez Graells
These are the slides for a presentation at the event Procurement and labour objectives organised by Richard Craven at the University of Leicester on 16 February 2017. They discuss issues of regulatory substitution between labour market and public procurement regulation in the EU.
Procurement issues SCF unfair competition from the public sector (glasgow, se...Albert Sanchez Graells
Presentation given at the Scottish Competition Forum on public procurement issues concerning potential unfair competition from the public sector in commercial markets.
Analysis of recent procurement reforms from perspective of flexibilityAlbert Sanchez Graells
This presentation assesses the reform of the EU public procurement rules in 2014 from the perspective of flexibility. It reflects on legal and case law changes in the period 2011-2017.
When does competition end? A staged approach to procurement modificationsAlbert Sanchez Graells
Presentation given at the "Contract changes in a European perspective" workshop organised by the Danish Public Procurement Association (Dansk Forening for Udbudsret). It discusses the limitations of the approach implicit in Article 72 of Directive 2014/24/EU and the case law of the Court of Justice of the European Union
These are the slides of my presentation at the UEA Law School on 23 November 2016. They synthesise my current thoughts about the analysis of public procurement as a case study from the perspective of the potential emergence of trans-EU public law.
Chinese Patent Validation in Cambodia: How & WhyAbacus IP
The document summarizes the process for validating Chinese patents in Cambodia. It discusses the growing economic and political ties between China and Cambodia. It then outlines Cambodia's patent legal framework and the six paths to obtaining a Cambodian patent, including local filing, foreign filing, re-registration of Singaporean patents, and re-registration of Chinese patents. The document provides details on application requirements and procedures for re-registering a valid Chinese patent in Cambodia. It also discusses patent rights, fees, and termination of patent rights in Cambodia.
The document discusses patents in Vietnam. It provides an overview of Vietnam and its intellectual property laws and international treaties. It then details Vietnam's patent registration process including requirements, timelines, costs and average pendency times. It also discusses criteria for patentability, subject matters not protected, and language requirements. The document concludes with sections on patent enforcement, provisions for infringement, and how infringement can be proven.
Trademark Registration and Enforcement in Thailand and MyanmarLawPlus Ltd.
The document discusses trademark registration and enforcement in Thailand and Myanmar, providing an overview of ASEAN and details on the trademark processes in each country. It outlines the trademark registration systems, timelines and requirements, as well as enforcement methods such as police complaints, customs measures, and civil and criminal litigation options in Thailand and Myanmar. The presentation aims to help protect trademarks when expanding business across borders within ASEAN nations.
The document discusses trademark registration and enforcement in Thailand and Myanmar, providing information on the ASEAN economic region, relevant laws and procedures for registering trademarks in Thailand and Myanmar, as well as methods for enforcing trademarks in both countries, including police complaints, customs measures, and civil and criminal litigation. Key recommendations include registering trademarks well in advance of use, conducting trademark searches, and taking prompt action against infringement.
The report provides essential patent data for FLUIDIGM’s portfolio including:
• Time evolution of patent publications and countries of patent filings
• Current legal status of patents
• Citation network, IP collaboration and competitive networks
• Inventor identification
• Key patent analysis
• Patents recently expired
• Granted patents near expiration
The report also provides an extensive Excel database with all patents analyzed in the study.
This document discusses well-known marks under Indian trademark law. It provides definitions and explanations of well-known marks, including that a well-known mark is a mark that is recognized by a substantial segment of the public as being associated with particular goods/services. It notes that well-known marks receive protection against similar trademark registrations and misuse. The document also outlines parameters and factors for determining if a mark qualifies as well-known, procedural aspects of applying for well-known mark status, and recommends protecting corporate names and logos under the well-known mark provisions.
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Chinese Patent Validation in Cambodia: How & Why - Abacus IPAbacus IP
Overview of the validation system for Chinese patents in Cambodia. Presented by Abacus IP before the WEN International IP & Technology Transfer Forum in Hefei, China. October 2018.
What types of trademarks can be registered in Laos?
Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019.
Type 1: “Trademark”: A trademark is defined as a symbol or a combination of symbols used to
distinguish the goods of individuals, legal entities, or organizations from the symbols of others. Symbols may be words, including invented words, signatures, names, figures, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols;
Type 2: “Service Mark”: A Service mark is a symbol or a combination of symbols used to distinguish the services of individuals, legal entities, or organizations from the symbols of others, which are the same as those specified in the type 1 above.
Type 3: “Certification Mark”: A Certification Mark is a mark established by a legal entity or organization that can be used to guarantee a standard or characteristic to certify said goods or service. The mark can be used by a third party in order to indicate the origin, raw materials, method of production of the product, method to provide the service that meets the quality standards, safety, cleanliness, which is produced by a person who has expertise in a certain area.
Type 4: “Collective Mark”: A Collective Mark is a mark that is endorsed by collective organizations, for example: associations, unions, other social organizations, cooperatives, chambers of commerce and industry, or other collective organizations. A Collective Mark is a Trademark that only a member of the organization can use to indicate that its goods or services are different from the goods of another party.
What are the fees for trademark registration in Laos?
A multi-class trademark application is acceptable in Laos, meaning that a trademark application can cover more than 01 class. The examination process for a multi-class application is more complex than for a single-class application, as the trademark office must review the mark in each class to determine if there are any conflicting marks. This can result in a longer examination process and a higher likelihood of objections or rejections. Therefore, it is advisable to file a single-class trademark application in Laos to avoid delays if a certain class of goods/services is refused registration.
The fees shall NOT increase if one class of goods/services has 10 or more goods/services. Thus, the trademark applicant may list as many goods/services as he likes.
Fees from filing a trademark application in one class of goods/services in Laos are roughly over US$ 300.
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on the new sports betting regulation; changes to the rules on security registrations; and the rules for strategic investors in an IPO of a State owned enterprise.
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on changes to registrations of residential housing projects and mortgage of off-the-plan apartments, public private partnerships and proposed new tax changes for SMEs and start-ups.
The document summarizes key points from a presentation on best practices in IP management and trademark strategy. It discusses developing a strategic framework aligned with business goals, choosing an appropriate management model, using all applicable IP rights, legal requirements for trademarks, and tips for managing trademarks internationally and avoiding common traps. The presentation covered strategic planning, legal frameworks, management methodology, and traps and tips across various jurisdictions and filing strategies.
This document provides a brief country report on intellectual property rights in Nepal. It discusses Nepal's IP framework, including relevant policies, laws, and key institutions like the Ministry of Industry and Department of Industry. It outlines Nepal's status in international agreements and conventions. It also addresses development dimensions of IP in Nepal, such as the need for legal and institutional reforms, research and innovation, and capacity building. Finally, it summarizes the Nepalese government's ongoing undertakings to promote IP awareness, develop the IP system, and strengthen partnerships across different stakeholders.
Pocket IP, a universal system for the management of intellectual property objects all around the world, was founded by experts in the field of intellectual property law with many years of experience.
The co-founders of Pocket IP have a combined experience of almost 20 years, of which 3 years as owners of their own law firm, Crane IP.
The founders of Pocket IP have experience both as professionals in law firms and as in-house specialists in companies. This allowed us to gain experience and understand the needs of different businesses and different requests for their IP management.
Pocket IP is a system that was created for the lawyers’ own needs and which we would like to have for ourselves. At Crane IP, we have chosen to specialize in serving the needs of customers in multiple countries simultaneously because we understand and have seen for ourselves how convenient it is to manage your IP portfolio through a ‘single window’.
Pocket IP develops this philosophy and, thanks to the addition of IT solutions, removes the need for direct communication with lawyers, providing prompt answers to many questions, automating part of the processes.
Pocket IP was created to solve the problem of the lack of a universal system for managing the intellectual property – there is no longer a need to work in several databases, keep records of objects manually, waste time and money looking for reliable partner lawyers in other countries. All this has already been implemented in Pocket IP by intellectual property specialists for their colleagues from all over the world.
A single online platform will allow to supervise and manage the trademark in one user account, saving time and money for legal services of enterprises, business owners, and law firms serving them.
Key IP Issues and Considerations for IP Protection in MyanmarLawPlus Ltd.
• Laws on Intellectual Property Rights
• Trademark, Patent and Design Protection
• Copyright Protection
• Trade Secret Protection
• Filing requirements for Trademarks, Designs and Patents
• Registration and Renewal Process
• Declaration of Ownership
• Cautionary Notice
• IPR Enforcement
• Case Study
Overview of Thailand Intellectual Property Law and PracticeLawPlus Ltd.
Introduction to Intellectual Property Law
General Principles of Intellectual Property Protection
Overview of Thailand Intellectual Property Law
Thailand's 20 Years IP Roadmap to Economy 4.0 (2017-2036)
Latest Developments of IP Law and Practice
The document discusses the different options for patent filing, including:
1) Filing a provisional patent application to secure a priority date.
2) Filing a complete patent application in your home country.
3) Filing patent applications in foreign countries by first filing in a convention country.
4) Filing a Patent Cooperation Treaty (PCT) application to get 30 months to file in multiple countries.
This document discusses trademarks and the trademark registration process. It defines what a trademark is and provides examples. It explains why trademarks should be registered, what cannot be registered as trademarks, and the different types of trademarks. It then describes the trademark registration process, fees associated with registration through the Madrid System, advantages and disadvantages of the Madrid System, and how intellectual property can be aligned with business strategy.
This document provides a summary of trademark registration procedures and guidelines in Bahrain. It discusses the legal basis for trademarks in Bahrain under Law No. 11 of 2006. It outlines the registration procedures, which involve filing an application with the Department of Industry and Commerce (MOIC) and publishing the application for opposition. Key points include that it can take 1-2 years for publication, and the total registration process takes 18-26 months. The document also covers ownership rights and transfers, licensing, renewals every 10 years, and grounds for cancellation including non-use and bad faith registration.
The document outlines the process for registering a trademark in the United States. It discusses the two primary paths for registration - use-based and intent-to-use applications. The registration process involves filing an application with the USPTO, examination by a reviewing attorney, responding to any office actions, approval for publication, and the possibility of opposition from other interested parties. If no opposition occurs, the mark will be registered. The entire process from initial filing to final registration can take 10 to 18 months to complete.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Chinese Patent Validation in Cambodia: How & WhyAbacus IP
The document summarizes the process for validating Chinese patents in Cambodia. It discusses the growing economic and political ties between China and Cambodia. It then outlines Cambodia's patent legal framework and the six paths to obtaining a Cambodian patent, including local filing, foreign filing, re-registration of Singaporean patents, and re-registration of Chinese patents. The document provides details on application requirements and procedures for re-registering a valid Chinese patent in Cambodia. It also discusses patent rights, fees, and termination of patent rights in Cambodia.
The document discusses patents in Vietnam. It provides an overview of Vietnam and its intellectual property laws and international treaties. It then details Vietnam's patent registration process including requirements, timelines, costs and average pendency times. It also discusses criteria for patentability, subject matters not protected, and language requirements. The document concludes with sections on patent enforcement, provisions for infringement, and how infringement can be proven.
Trademark Registration and Enforcement in Thailand and MyanmarLawPlus Ltd.
The document discusses trademark registration and enforcement in Thailand and Myanmar, providing an overview of ASEAN and details on the trademark processes in each country. It outlines the trademark registration systems, timelines and requirements, as well as enforcement methods such as police complaints, customs measures, and civil and criminal litigation options in Thailand and Myanmar. The presentation aims to help protect trademarks when expanding business across borders within ASEAN nations.
The document discusses trademark registration and enforcement in Thailand and Myanmar, providing information on the ASEAN economic region, relevant laws and procedures for registering trademarks in Thailand and Myanmar, as well as methods for enforcing trademarks in both countries, including police complaints, customs measures, and civil and criminal litigation. Key recommendations include registering trademarks well in advance of use, conducting trademark searches, and taking prompt action against infringement.
The report provides essential patent data for FLUIDIGM’s portfolio including:
• Time evolution of patent publications and countries of patent filings
• Current legal status of patents
• Citation network, IP collaboration and competitive networks
• Inventor identification
• Key patent analysis
• Patents recently expired
• Granted patents near expiration
The report also provides an extensive Excel database with all patents analyzed in the study.
This document discusses well-known marks under Indian trademark law. It provides definitions and explanations of well-known marks, including that a well-known mark is a mark that is recognized by a substantial segment of the public as being associated with particular goods/services. It notes that well-known marks receive protection against similar trademark registrations and misuse. The document also outlines parameters and factors for determining if a mark qualifies as well-known, procedural aspects of applying for well-known mark status, and recommends protecting corporate names and logos under the well-known mark provisions.
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Chinese Patent Validation in Cambodia: How & Why - Abacus IPAbacus IP
Overview of the validation system for Chinese patents in Cambodia. Presented by Abacus IP before the WEN International IP & Technology Transfer Forum in Hefei, China. October 2018.
What types of trademarks can be registered in Laos?
Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019.
Type 1: “Trademark”: A trademark is defined as a symbol or a combination of symbols used to
distinguish the goods of individuals, legal entities, or organizations from the symbols of others. Symbols may be words, including invented words, signatures, names, figures, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols;
Type 2: “Service Mark”: A Service mark is a symbol or a combination of symbols used to distinguish the services of individuals, legal entities, or organizations from the symbols of others, which are the same as those specified in the type 1 above.
Type 3: “Certification Mark”: A Certification Mark is a mark established by a legal entity or organization that can be used to guarantee a standard or characteristic to certify said goods or service. The mark can be used by a third party in order to indicate the origin, raw materials, method of production of the product, method to provide the service that meets the quality standards, safety, cleanliness, which is produced by a person who has expertise in a certain area.
Type 4: “Collective Mark”: A Collective Mark is a mark that is endorsed by collective organizations, for example: associations, unions, other social organizations, cooperatives, chambers of commerce and industry, or other collective organizations. A Collective Mark is a Trademark that only a member of the organization can use to indicate that its goods or services are different from the goods of another party.
What are the fees for trademark registration in Laos?
A multi-class trademark application is acceptable in Laos, meaning that a trademark application can cover more than 01 class. The examination process for a multi-class application is more complex than for a single-class application, as the trademark office must review the mark in each class to determine if there are any conflicting marks. This can result in a longer examination process and a higher likelihood of objections or rejections. Therefore, it is advisable to file a single-class trademark application in Laos to avoid delays if a certain class of goods/services is refused registration.
The fees shall NOT increase if one class of goods/services has 10 or more goods/services. Thus, the trademark applicant may list as many goods/services as he likes.
Fees from filing a trademark application in one class of goods/services in Laos are roughly over US$ 300.
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on the new sports betting regulation; changes to the rules on security registrations; and the rules for strategic investors in an IPO of a State owned enterprise.
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on changes to registrations of residential housing projects and mortgage of off-the-plan apartments, public private partnerships and proposed new tax changes for SMEs and start-ups.
The document summarizes key points from a presentation on best practices in IP management and trademark strategy. It discusses developing a strategic framework aligned with business goals, choosing an appropriate management model, using all applicable IP rights, legal requirements for trademarks, and tips for managing trademarks internationally and avoiding common traps. The presentation covered strategic planning, legal frameworks, management methodology, and traps and tips across various jurisdictions and filing strategies.
This document provides a brief country report on intellectual property rights in Nepal. It discusses Nepal's IP framework, including relevant policies, laws, and key institutions like the Ministry of Industry and Department of Industry. It outlines Nepal's status in international agreements and conventions. It also addresses development dimensions of IP in Nepal, such as the need for legal and institutional reforms, research and innovation, and capacity building. Finally, it summarizes the Nepalese government's ongoing undertakings to promote IP awareness, develop the IP system, and strengthen partnerships across different stakeholders.
Pocket IP, a universal system for the management of intellectual property objects all around the world, was founded by experts in the field of intellectual property law with many years of experience.
The co-founders of Pocket IP have a combined experience of almost 20 years, of which 3 years as owners of their own law firm, Crane IP.
The founders of Pocket IP have experience both as professionals in law firms and as in-house specialists in companies. This allowed us to gain experience and understand the needs of different businesses and different requests for their IP management.
Pocket IP is a system that was created for the lawyers’ own needs and which we would like to have for ourselves. At Crane IP, we have chosen to specialize in serving the needs of customers in multiple countries simultaneously because we understand and have seen for ourselves how convenient it is to manage your IP portfolio through a ‘single window’.
Pocket IP develops this philosophy and, thanks to the addition of IT solutions, removes the need for direct communication with lawyers, providing prompt answers to many questions, automating part of the processes.
Pocket IP was created to solve the problem of the lack of a universal system for managing the intellectual property – there is no longer a need to work in several databases, keep records of objects manually, waste time and money looking for reliable partner lawyers in other countries. All this has already been implemented in Pocket IP by intellectual property specialists for their colleagues from all over the world.
A single online platform will allow to supervise and manage the trademark in one user account, saving time and money for legal services of enterprises, business owners, and law firms serving them.
Key IP Issues and Considerations for IP Protection in MyanmarLawPlus Ltd.
• Laws on Intellectual Property Rights
• Trademark, Patent and Design Protection
• Copyright Protection
• Trade Secret Protection
• Filing requirements for Trademarks, Designs and Patents
• Registration and Renewal Process
• Declaration of Ownership
• Cautionary Notice
• IPR Enforcement
• Case Study
Overview of Thailand Intellectual Property Law and PracticeLawPlus Ltd.
Introduction to Intellectual Property Law
General Principles of Intellectual Property Protection
Overview of Thailand Intellectual Property Law
Thailand's 20 Years IP Roadmap to Economy 4.0 (2017-2036)
Latest Developments of IP Law and Practice
The document discusses the different options for patent filing, including:
1) Filing a provisional patent application to secure a priority date.
2) Filing a complete patent application in your home country.
3) Filing patent applications in foreign countries by first filing in a convention country.
4) Filing a Patent Cooperation Treaty (PCT) application to get 30 months to file in multiple countries.
This document discusses trademarks and the trademark registration process. It defines what a trademark is and provides examples. It explains why trademarks should be registered, what cannot be registered as trademarks, and the different types of trademarks. It then describes the trademark registration process, fees associated with registration through the Madrid System, advantages and disadvantages of the Madrid System, and how intellectual property can be aligned with business strategy.
This document provides a summary of trademark registration procedures and guidelines in Bahrain. It discusses the legal basis for trademarks in Bahrain under Law No. 11 of 2006. It outlines the registration procedures, which involve filing an application with the Department of Industry and Commerce (MOIC) and publishing the application for opposition. Key points include that it can take 1-2 years for publication, and the total registration process takes 18-26 months. The document also covers ownership rights and transfers, licensing, renewals every 10 years, and grounds for cancellation including non-use and bad faith registration.
The document outlines the process for registering a trademark in the United States. It discusses the two primary paths for registration - use-based and intent-to-use applications. The registration process involves filing an application with the USPTO, examination by a reviewing attorney, responding to any office actions, approval for publication, and the possibility of opposition from other interested parties. If no opposition occurs, the mark will be registered. The entire process from initial filing to final registration can take 10 to 18 months to complete.
Similar to Top 10 Recent Developments in Cambodian IP - Abacus IP (20)
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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4. 9. ACLEDA Bank vs. Ministry of Economy & Finance
• Registration No. KH/12669/99
• Filed in 1999
• Abandoned in 2014
Law on Trademarks, Tradenames and Acts of Unfair Competition
Article 4(d)-if it is identical with, or is an imitation of or contains as an
element, an armorial bearing, flag and other emblem, a name or
abbreviation or initials of the name of , or official sign or hallmark adopted
by, any State, intergovernmental organization or organization created by
an international convention, unless authorized by the competent authority
of that State or organization;
5. 9. ACLEDA Bank vs. Ministry of Economy & Finance
• 300+ branches in Cambodia, Laos & Myanmar
• 350+ billboards
• 1.7 million bank cards
• Estimated cost: $3.5 million
6. 8. Validation of European Patents
• Agreement on Validation of European Patents signed on January 23, 2017
• Originally due to enter into force on July 1, 2017
• Royal Kram (Law) promulgating the Agreement, signed November 22, 2017
• Ministry drafting implementing regulation, expected December 2017
• Allows for holder of EU patent to apply for validation, subject to payment of a fee, to
extend rights to Cambodia
• Patent will be subject to Cambodian law
• Only Morocco, Moldova and Tunisia have signed such agreements
7. 7. Re-Registration of Chinese Patents
• MOU between State Intellectual Property Office of China and Ministry of Industry and
Handicrafts signed September 21, 2017
• Valid invention patent authorized by SIPO can be directly registered in Cambodia and
receive protection
• MOU will require enabling regulations, likely in 2018
8. 6. Japanese Cooperation for Facilitating Patent Grant
• Entered into force July 1, 2016
• Implementing Declaration on Registration of Japan Patent, July 25, 2016
• Requirements:
• JPO patent application with the same filing or priority date
• Corresponding JPO patent has been determined to be patentable
• Identical claims between Cambodian and JPO applications
• Meets Cambodian standards for patentability (i.e. excludes pharmaceutical patents)
9. 5. Re-Registration of Singaporean Patents
• In effect since July 25, 2016
• Declaration on Registration of Singapore Patent, July 25, 2016
• Singaporean must have been granted and in-force
• Filing date on or after January 22, 2003
• Meets Cambodian standards for patentability (i.e. excludes pharmaceutical patents)
10. 5. Re-Registration of Singaporean Patents
0
10
20
30
40
50
60
70
80
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*
Patent Applications & Registrations, Direct vs. IPOS Filing
Registratons - Direct Registrations IPOS Applications - Direct Applications - IPOS
*Through May 2017
Source: Ministry of Industry & Handicraft
11. 4. Hague System for Int’l Registration of Industrial Designs
• Effective February 25, 2017
• 25 applications have designated Cambodia in 2017
• Implementing regulations needed before Registrar begins accepting Cambodian
applications
0
20
40
60
80
100
120
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*
Industrial Design Applications, 2006-2017
Direct Hague
*Through June 2017
Source: WIPO
12. 3. Patent Cooperation Treaty
• Instrument of Accession – August 24, 2016
• Into force – December 8, 2016
• 90% discount on fees as least developed country
• As of December 2017, one application filed as office of origin, no designations of Cambodia yet
13. 2. Madrid System
• Madrid Protocol entered into force on June 5, 2015
• Declaration on the Procedures for the International Registration of Marks, Nov. 1,
2016
- Cambodia can be designated
- Still waiting further regulations to serve as office of origin
• Least Developed Country: 90% discount on basic registration fee
14. 2. Madrid System
*Through November 29, 2017
Source: WIPO Global Brand Database
0
1000
2000
3000
4000
5000
6000
7000
8000
2010 2011 2012 2013 2014 2015 2016 2017*
Trademark Applications by Year,
Madrid Designations vs. Direct Filing
Madrid Direct
17. Top 10
1. The Complete Guide to IP in Cambodia
2. Madrid System
3. Patent Cooperation Treaty
4. Hague System
5. Re-registration of Singaporean Patents
6. Japanese Cooperation for Facilitating Patent Grant
7. Re-registration of Chinese Patents
8. Validation of European Patents
9. ACLEDA Bank v. Ministry of Economy & Finance
10. E-Filing of Trademarks