China to restructure the State Intellectual Property Office

During a recent annual meeting, China’s highest legislature, the National People’s Congress approved a sweeping government restructuring plan. As part of the plan, the State Intellectual Property Office (SIPO), which so far acts as a patent office only, will additionally incorporate the functions of managing trademarks and geographical indications of origin (GIs), which are currently administrated by separate administrative organs. Therefore, in the future, all applications for patents, trademarks and geographical indications of origin in China will be filed at the SIPO, and the SIPO will be responsible for examining and subsequently registering these IP rights. Further, based on China’s existing dual administrative and judicial system for enforcing IP rights, the SIPO will also be in charge of administrative adjudication of disputes involving patents, trademarks and GIs, and supervising their administrative enforcement. Continue reading “China to restructure the State Intellectual Property Office”

The Statement of Patent Working in India – time for a change

Guest post by Preston Richard*

It is that time of the year again in India when the patentee must file an annual statement of working of their every granted patent. The statement has to be filed by the 31st of March each year.

Unique to India, this annual ritual mandated under Art. 146 (2) of the Indian Patent Act requires the patentee (and licensees) to furnish a statement to the extent to which the patented invention has been worked on a commercial scale in India.

Historical background

This requirement stems from the Ayyangar Report (PDF), a policy document drafted in 1959 that forms the basis of the Indian Patent Regime.

While some countries chose to have no working requirement of patents, the Ayyangar Report reasoned that the quid pro quo the society receives in return for the grant of the monopoly could only be ensured if the patent is used for the purpose for which it is granted.  Therefore, the report concluded that for a then under-developed country like India, certain safeguards against patents of foreigners was necessary. This resulted in the principles relating to the working of the patent and the consequences in case of failure being codified in the Indian Patent Act.

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Is this a monopoly? Sailing through IP and competition law

Today we talk about IP, antitrust and sailing. Which is a great occasion to escape the files on your desk and envision yourself enjoying warm winds on emerald water.

Sailing, besides being a wonderful way to stay in touch with nature, is an Olympic discipline sailed on different types of boats: at the moment, the official “Olympic Classes” are Laser, Laser Radial, 49er, 49erFX, RS:X, Nacra 17, 470 and Finn. Olympic Classes are selected by World Sailing, the governing body of this sport, and they are subject (in theory) to periodic review. As a consequence, over the years even glorious boats like Star – which has been part of the Olympic program since its initial editions – have been replaced by fancier and foiling ones.

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