General

Are there any legislative changes to the IP regime that would make businesses’ life easier?

The Draft Amendment to the Trademark Act has extended the registration protection to all kinds of sensible marks, including motions, holograms and scents. In addition, the exhibition date may be deemed as the application date if companies file the trademark applications within six months of the exhibition date. The draft also recognizes co-ownership of a trademark right and stipulates a six-month grace period for the restoration of rights if a trademark has expired due to nonpayment of the registration fee.

The Draft Amendment to the Patent Act proposes to extend protection to animals and plants. It also proposes to amend the grace period applicable to inventions that meet the novelty and non-obviousness requirements. In addition, the new time period of 16 months versus the current time limit of four months from the earliest priority date for submitting priority documents will also make the applicant’s life easier.