BLOG ON INTELLECTUAL PROPERTY RIGHTS
AMENDMENT(SINGAPORE)
Key changes in patents
 The form and fees are removed for publication in English for international
application. The application which was filed in a language other than
English was to be translated into English which required a lot of time, cost,
and effort but now all that time can be saved
 The applicants don’t have to produce certain documents for national phase
entry in Singapore as directed by the ‘Intellectual property office of
Singapore’. The documents are now only required for certain countries as
directed by the ‘International searching authority’
 A new process of the minor amendment during the substantive examination.
For example, for an amendment to address to wrong claim applicants may
file amendments that are minor in nature within the time period of 2 months,
or if they not examiner may issue a written opinion according to current
standard practice.
 Streamlining the examination review processes. If the request for an unclear
examination report includes amendments to overcome all unresolved
objectives the examiner only needs to focus on amendments
Changes in plant variety protection.
 The period to furnish propagating material is extended. Now the candidate
doesn’t have to produce the propagating material until the submission of
that material is requested.
 Corporative mode of examination is now more improved. IPOS may use
external experts or reports from approved countries for examinations. From
May 2022, examiners can rely on the DUS test conducted by breeders,
providing more flexibility for applicants and faster processing times.
TAKEAWAYS
The future challenges require more smooth functioning IP processes which
leads to the development of the nation every intellectual person and whole
business society looking forward to registering themselves in Singapore.
The basic social objective of IP laws is exclusive and help in framing and
nurturing the world with great ideas and making the brilliant mind grow and
tell the world what the human brain is capable of. “in an economy where
more and more value is in information - is in the bits, not the atoms, where
bits can be copied essentially for free - any time you have that situation,
economic schemes that rely on existing models of intellectual property laws
for protection are going to do less and less well’’
FAQ ON INDIAN IPR LAW
Can an agent holding the power of attorney of the party be allowed to
represent the party in court?
Yes, a person holding power of attorney is allowed to represent the party in court
as well as an advocate can also represent the party in court.
Can a party be compelled to disclose relevant documents or materials to its
adversary either before or after commencing proceedings, and if so, how?
The relevant documents or materials are required to be disclosed to the adversary
only after the proceedings have commenced. As mentioned before, all the
documents on which a party relies must be filed in the proceedings and given to the
adversary.
However, under recent amendments to the Delhi High Court Rules, all
documents/information considered confidential by the Court shall be permitted to
be filed in a sealed envelope to be kept in the safe custody of the Registrar
General. These documents can only be shown to three Advocates (excluding inhouse counsels) and two external experts nominated by the opposite party
After what period is a claim for patent infringement time-barred?
After three years have elapsed since the last act of infringement, a claim for patent
infringement is no longer valid.
Jindal Industries Vs Registrar of Trade Marks
Judgement date:03.11.2022
IPD Trademark Appeal:C.A.(COMM.IPD-TM) 134 of 2021
Name of Court: High Court of Delhi
Name of Hon'ble Justice: Prathiba M Singh H.J.
JINDAL's trademark application was rejected by the Indian Registrar of
Trademarks due to non-distinctiveness and violation of the Emblems and Names
(Prevention of Improper Use) Act of 1950.
Recent developments indicate that the prohibition on the use of the "JINDAL"
trademark within India, as per the Emblems and Names Act, has been overturned
by the Delhi High Court. This decision was supported by previous observations
and orders, and thus, it is now permissible to use the trademark within the country.