Intellectual Property

Protecting Investment in Intellectual Property

It is often quoted that as much as 80% of UK business value is now held in intangible assets, such as patents, designs and trade marks. This is a complete reversal from 30 years ago, when company valuations where largely based on the amount of tangible assets owned. It is clear that in this modern… Read More

The Prohibition of Registration of Descriptive Marks As Trademark in Peru

Legal basis The prohibition of registration of descriptive marks as trademark is stated in Article 135, paragraph e) of Decision 486, Industrial Property Common Regime. Article 135 of Decision 486 establishes “that may not be registered as trademarks those marks which: Paragraph e) consist exclusively of a sign or statement that may serve in commerce… Read More

Patenting Software in China

Similar as in many other jurisdictions, China does not allow computer programs as such to be patented, but does not rule out patentability for inventions related to computer programs.[1] A number of exceptions to patentability are set out by Article 25(2) of the Chinese Patent Law, one of which relates to rules and methods for… Read More

Interpretation of Product by Process Claims in Japan

Introduction A product by process claim (hereinafter referred to as “PBP claim”) relates to an invention of a product, of which claim includes a manufacturing method of the product. In Japan, the drafting practice of identifying a product by the manufacturing method of the product conventionally has been regarded as allowable when identifying the structure… Read More

Doing Business in Puerto Rico

Introduction The Commonwealth of Puerto Rico (“PR”) is a self-governing territory of the United States of America (“US”) with approximately 3,750,000 inhabitants. Located between the Atlantic Ocean and the Caribbean Sea, PR governs its internal affairs in a manner similar to that of the other 50 states of the US. The US has jurisdiction over… Read More

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