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Monday, December 15, 2014

Online shopping growth and takedown systems


Online counterfeiting in South East Asia hasn’t been as large a problem as it has been in China, where Alibaba, Taobao and similar sites have for many years been a constant battleground for IP holders.

In South East Asia however online shopping is now taking off. Online shopping sites in the Philippines are now discovering that many sellers are selling fake products. The most popular online shopping site in the Philippines, olx.ph (formerly sulit.com.ph) as an online takedown request system and are responsive to takedown requests. They usually respond within 2 to 3 days. The IPOPHL’s IP Enforcement Office (IEO) also assists takedown requests.

Meanwhile in Indonesia the largest online shopping site is lazarda.co.id. While lazada.co.id does not have a specific takedown procedure, the website's terms and conditions provide against prohibited content. As a result on receipt of takedown request they will remove infringing ads and notify the advertiser of the infringement


Friday, December 12, 2014

Lacoste tries to take a bite out of Crocodile's marks in the Philippines

Lacoste and Crocodile have been fighting battles all over the world over their Crocodile logos for decades.  A recent spat in the Philippines is the latest in their lengthy war. Crocodile International had filed their Crocodile and device trademark application and Chemise Lacoste had opposed the mark. Chemise Lacoste lost the opposition so appealed to the Director General.

In a decision in October 2014,  the long coexistence, the clear appearance of the word Crocodile were factors the Director General decided warranted dismissing the appeal. He confirmed the Lacoste mark was well known, but found two marks did not cause consumer confusion. No doubt there will be appeals.

Wednesday, December 10, 2014

Domestic patenting in the Philippines

Attempts by the Philippines IP Office to encourage local innovation seem to be paying off. The Patent Protection Incentive Package (PPIP), a project of the Intellectual Property Office of the Philippines targets higher education institutions (HEIs), to encourage them to file more patents.

The University of Southeastern Philippines (USP) in Davao City, leads the pack of local patent filers. It filed 34 patent applications through the PPIP as of November 2014. It is followed by the University of San Carlos (USC) in Cebu City with 15 filings. Adamson University in Manila filed 8 patent applications, while Bicol University and Philippine Rice Research Institute filed 6 and 5 patent applications respectively.

These HEIs are part of the network of Innovation and Technology Support Offices (ITSOs) which are provided with specific onsite patent libraries, resources and support as well as fee waivers for patent office fees. Prior to the introduction of the PPIP, Philippines inventors filed only a handful of patents per year.

Of the top PPIP filers, USC is also the first of ITSOs that had a successful technology commercialization project with its mango peelings technology.

Wednesday, December 3, 2014

Thailand IP law and IP department updates

Life in Thailand after the military takeover in May has largely returned to normal. Thailand’s new military government has been very active since it took office officially in September.

There have been numerous amendments to the IP laws. The Copyright Act is to have new provisions on enforcement and technology issues. The Trademarks Act expands trademark protection to non traditional marks and multiclass applications as well as implementing Madrid in Thailand. The Trade Secrets Act sets out amendments to the operation of the Trade Secrets Board. All these are due to be enacted soon. 

The DIP has new Director General, Ms. Malee Choklumlert. She will focus on reducing the backlog of trademark patent and design applications as well as improving pendency generally especially through recruitment of more patent examiners.

Thailand is very focused on its obligations under the proposed ASEAN Economic Community and joining Madrid is a good example of that.  

Monday, December 1, 2014

A global anti piracy initiative from the Philpinnes

Alto Broadcasting System – Chronicle Broadcasting Network, known the ABS-CBN entertainment group is the Philippines’ leading media and entertainment organization. It is conducting a relentless campaign against various pirates they accuse of distributing theirTV shows illegally online from various locations all over the world.

It began with raids in Australia, where pirated ABS-CBN DVDs, DVD burners and hundreds of copied ABS-CBN movies on computer hard drives were seized. Then they sued an American individual in the U.S. Federal District Court in Oregon and won USD10 million in damages for infringement of copyrights and well-known trademarks due to rebroadcasting ABS-CBN TV shows and movies including watchfilipinotv.comwatchfilipinomovies.com and pinoytalaga.com.

Now they have issued litigation in the US Federal District Court in Florida last week against various  p
artnerships or unincorporated business associations that operate many domain names including buhaypinoyofw.net
freepinoytvshows.net and pinoylovetvshowreplay.com. Again all are showing pirated ABS-CBN TV shows and movies.

It is impressive that an Asian company is targeting pirates so aggressively and leveraging strong overseas legal systems to get results. 

Sunday, November 30, 2014

Philippines identified copyrights as 7% of GDP

Countries are often surprised by the amount of IP created when they count it up. The Philippines has just done such an analysis and they believe that remains a net exporter of copyright-based products, worth about $1.57 billion in 2010. 

The Philippines IPO and the World Intellectual Property Office studied the issue and showed that copyright exports continued to exceed imports. A strong driver is the digital era which enables a greater flow of online content while physical products are declining. The study also shows that copyright-based industries contributed 7.34 percent of GDP.