Tuesday, May 31, 2011

Renault Lotus and Team Lotus to continue Racing

The British High Court has declared that Group Lotus has the right to use 'Lotus' in F1. Group Lotus is the sponsor of Renault Lotus GP.

Justice Peter Smith found that the Proton subsidiary has goodwill associated with the name 'Lotus' in F1 and is free to compete in the sport under that name using the Lotus roundel. Also, Group Lotus trade mark registrations are unaffected and Group Lotus has the right to use the Lotus marque on cars for road use.

The judge also decided that 1Malaysia Racing Team Sdn Bhd, the owners of Team Lotus, is in breach of the Licence granted to them by Group Lotus to race in F1 under the name Lotus Racing (the name it used last year) and has awarded Group Lotus damages in respect of that breach.

However, the above concerns the name 'Lotus'. Team Lotus has the right to continue to race in F1 under the name 'Team Lotus' with the 'Team' in it.

Team Lotus would be able to continue using the Lotus name in F1 and confirmed Fernandes as the owner of the Team Lotus name having bought the rights to the name from Hunt; they also have the right to call their cars "Lotus", under the terms of a 1985 agreement between Group Lotus and Team Lotus.

Fernandes is happy that he can continue to race his cars under 'Team Lotus'. “Now our main aim is to build on the solid foundations that has made Caterham Cars the model for how to run a profitable contemporary car company and add more history to the incredible story of Team Lotus over the coming months and years and with the people, spirit, passion and determination we have in both businesses we know that marks the next stage in our incredible story,” Fernandes said.

Saturday, May 28, 2011

China's National Patent Development Strategy

My client has set up a company in China to take advantage of various incentives offered for patent fillings in China and a number of foreign countries. China wishes to increase the number of companies based in China with patent filings.

China, through the State Intellectual Property Office, revealed its ten year master plan, National Patent Development Strategy 2011-2020 to realize its dream to be an innovation based country.

China has set a target to achieve two million annual patent filings by 2015. At the same time, the number of registered patent agent is envisioned to reach 10,000. To support that ambition, China will roughly double its current examiners to 9,000 by 2015. The average period for patent examination will be shortened to 22 months, and utility model or design application to 3 months.

To be a patent power house, China also intends to double the number of patents its residents and companies file in other countries.

Patent transaction services and market environment will be established in ten model cities. Support will be given to foster exports of patented products and increase the proportion of exported patent-intensive commodities.

Some of the incentives offered include patent subsidy in the form of cash bonuses, and tax breaks for companies that continuously file patents. It does not matter if the company is fully owned by foreign individuals.

Friday, May 6, 2011

MIPA IP Conference

The road to becoming an IP nation is a path that Malaysia wishes to walk to become a high income nation. What are the challenges to increasing innovation in Malaysia? What we can learn from the American and Japanese experience?

The Malaysian Intellectual Property Association (MIPA) is proud to host an Intellectual Property conference to present the latest issues and development of IP.

How to create and build a strong brand? Malaysia may join Madrid Protocol this year. What are the implication of Madrid Protocol to trademark owners?

Technology search, green technology, investing in IP and other informative intellectual property matters which creates an impact in Malaysia's innovation landscape are presented in this two day event on 22 & 23 June 2011, Empire Hotel, Subang Jaya.

Come listen to experts from USA, Japan, academicians, IP practitioners, MyIPO board member and representative from the newly formed UNIK corporation. It is a not to be missed event for business leaders, intellectual property owners, corporate counsel & lawyers interested in one of Asia's most dynamic countries.

Register before 31.05.2011 for early bird rate. For more information, visit mipa.org.my