November 2026

Asia , Trademark

'Diwali Cleaning' Is No Excuse: Delhi High Court Refuses Late Evidence in BROWN SUGAR Trademark Suit

By Imaduddin Photo: anncapictures / Pixabay In trademark disputes, evidence of early use often decides who wins. A decision of the Delhi High Court in M/s Cafe Brown Sugar Pvt Ltd v. Vyom Foodcraft Pvt Ltd (2026:DHC:9604), reported on 30 October 2026, shows how strictly that evidence must be filed on time in Indian commercial suits. The case The plaintiff sued in November 2024 for trademark and copyright infringement and passing off over its "BROWN SUGAR" family of marks. It claims use since 2000. The defendants claim use from 2010. Prior use is therefore at the centre of the case. The plaintiff asked to add sales invoices, purchase bills, promotional material and tax deduction certificates dated between 2003 and 2011. It said the documents had been found in old cartons during a Diwali cleaning in 2025, and explained that its business had changed management after the death of a former director. The rule Order XI Rule 1(5) of the Code of Civil Procedure, as it applie…

NUSAPAT 8 Nov, 2026

Indonesia , Trademark

Indonesia Reviews Its Geographical Indication Rules: Protection Has to Continue After Registration

By Imaduddin Photo: garethdoc / Pixabay Indonesia's Ministry of Law (Kementerian Hukum or Kemenkum) is evaluating how well its rules on geographical indications (GIs) work after a product has been registered. The findings were discussed at a policy strategy discussion hosted by the ministry's East Kalimantan regional office on 28 October 2026, with other regional offices, including West Sulawesi and South Sumatra, taking part online, according to ANTARA and regional media. The rule under review The discussion covered the results of an impact evaluation of Minister of Law and Human Rights Regulation No. 10 of 2022, which amends Regulation No. 12 of 2019 on geographical indications (Permenkumham 10/2022), including the challenges of using and supervising products after they receive legal protection. GIs themselves are protected under Law No. 20 of 2016 on Marks and Geographical Indications. Key messages The head of the ministry's Legal Policy Strategy Agency, Andry I…

NUSAPAT 8 Nov, 2026

Asia , Patent

Korea Renews Priority Examination for Advanced-Tech Patents and Ultra-Fast Exams for Start-ups

By Haedar Photo: StartupStockPhotos / Pixabay Korea's intellectual property office (지식재산처, the Ministry of Intellectual Property, formerly known in English as KIPO) published a set of ten notices on 30 October 2026 that shape how quickly certain patent applications are examined. Advanced technology fields Eight notices designate, or extend the designation of, patent and utility model applications in specific advanced technology fields as eligible for priority examination: display technology secondary batteries biotechnology (life sciences) bio and healthcare technology advanced robotics artificial intelligence physical AI AI data centre technology The display notice, for example, states that it changes and extends an earlier designation (Notice No. 2025-14), and it cites Article 61(2) of the Patent Act, the Enforcement Decree of the Patent Act, Article 15 of the Utility Model Act and the office's notice on priority examination requests as its legal basis. Sta…

NUSAPAT 8 Nov, 2026

ASEAN , Copyright

Philippines: Why a 20-Second Ringtone Preview Is Communication to the Public, and Fair Use

By Ozan Attas Photo: alags / Pixabay Music licensing in the Philippines rests on a distinction that is easy to miss: public performance and communication to the public are separate economic rights under the Intellectual Property Code (Republic Act No. 8293). In FILSCAP v. Wolfpac Communications, Inc. (G.R. No. 184661, decided 25 February 2025), the Supreme Court drew the line between them for the first time, and a recent BusinessWorld commentary has put the ruling back in focus. The facts FILSCAP, the collective management organisation for composers and publishers, saw a newspaper advertisement for ringtones and ringback tones offered by Wolfpac. Wolfpac's website let users play a roughly 20-second preview before downloading. FILSCAP sued for infringement and sought a public performance licence and royalties. Wolfpac argued that the preview was not a public performance at all. Two different rights Under Section 171.6 of the IP Code, public performance of a sound recording …

NUSAPAT 8 Nov, 2026

Global , Patent

Federal Circuit: An Expired Patent Can Still Be Cancelled in IPR (BT Americas v. Palo Alto Networks)

By Haedar Photo: sergeitokmakov / Pixabay On 29 October 2026, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision that all 25 challenged claims of a network intrusion monitoring patent are unpatentable as obvious. The nonprecedential opinion in BT Americas, Inc. v. Palo Alto Networks, Inc. (No. 2025-1572) is short, but it restates a point that matters to anyone holding old patents: expiry does not put a patent beyond the reach of inter partes review (IPR). The patent and the challenge US Patent No. 7,895,641 describes a system for dynamic network intrusion monitoring, detection and response. Probes collect data inside a customer's network, filter it and pass on noteworthy events, and the system can modify the probe's analysis capability during operation. The PTAB found claims 1 to 25 unpatentable under 35 U.S.C. § 103 in IPR2023-00889, and BT Americas appealed. Obviousness upheld The panel (Judges Chen, Stoll and Sta…

NUSAPAT 8 Nov, 2026

Asia , Trademark

Delhi High Court Grants VOLVO an Ex Parte Injunction Against 'MAX VOLVO' and 'MAX VOLWO' Lubricants

By Imaduddin Photo: Tama66 / Pixabay A trademark injunction is often most useful before the other side knows it is coming. In an order of 24 September 2026 in Aktiebolaget Volvo & Ors. v. a Pune-based lubricants trader (CS(COMM) 940/2026), the Delhi High Court explained when it will grant one without first hearing the defendant, and did so for the owners of the VOLVO mark. The dispute The plaintiffs own the VOLVO trademark, which they describe as a coined word adopted in 1915 and recorded as a well-known mark in India. They hold registrations in Class 4, which covers lubricating and industrial oils and greases. The defendant, a sole proprietorship, sold lubricants, engine oil and gear oil under the marks "MAX VOLVO" and "MAX VOLWO". The plaintiffs found the products on an online trading platform and through an investigator, and the defendant had also applied to register a mark that drew an objection. Deceptive similarity At the prima facie stage, the co…

NUSAPAT 8 Nov, 2026

AI , Copyright , Global

Could an AI Copyright Opt-Out Breach Australia's Constitution? The 'Just Terms' Debate

By Dafa Attas Photo: CQF-avocat / Pixabay Australia's debate on AI and copyright has gained a constitutional dimension. As reported by Guardian Australia, Coalition senators and the recording industry have warned that changing copyright law so AI companies can train on music, books and journalism without a licence could breach the Constitution, and expose the Commonwealth to compensation claims. The background The federal government has ruled out a broad text and data mining exception for AI training. Some AI developers have instead suggested an opt-out model, where content could be used for training unless the rights holder signals an objection, for example through technical protections. Anthropic has argued for such a model in submissions to a parliamentary inquiry, Guardian Australia reported earlier in October. The constitutional argument Section 51(xxxi) of the Australian Constitution lets the Commonwealth make laws for the acquisition of property "on just terms.…

NUSAPAT 8 Nov, 2026

AI , Copyright , Global

OpenAI, Google, Microsoft and Anthropic Back a Common Opt-Out Signal for AI Training

By Dafa Attas Photo: dedelacrapule / Pixabay Four of the largest AI developers, OpenAI, Google, Microsoft and Anthropic, have said they will respect a single, common signal that website owners can use to say they do not want their content used to train AI models. The commitment was announced on 30 and 31 October 2026 and reported by RTÉ, Reuters (via CNA) and others; OpenAI also published its own announcement. Until now, a publisher that wanted to keep its pages out of AI training usually had to block each company's crawler separately, often by naming different user agents in a robots.txt file. A shared signal is meant to replace that patchwork with one instruction that all participating companies read the same way. It is based on an IETF Internet-Draft written by Anthropic's Kevin Kelley: a "policy token" group for AI training inside the existing robots.txt file. The draft has no formal standing in the IETF standards process yet. How the companies are rolling …

NUSAPAT 8 Nov, 2026

Global , Trademark , WIPO

WIPO Publishes Five Cheat Sheets for Filing Trade Marks Abroad Through Madrid

By Imaduddin Photo: Tama66 / Pixabay WIPO has launched a series of short practical guides for brand owners using the Madrid System, the international route for registering a trade mark in many countries through one application. The "Practical Tips" cheat sheets, announced on 28 October 2026, are aimed at both first-time filers and companies managing larger portfolios. The series has five parts that follow the life of an international registration: Choosing the office of origin. Where the base application or registration is filed shapes what the international registration can cover, so the choice should be strategic. Choosing where to protect. How to pick designated members by market, production and risk of copying. Digital tools. How to use WIPO's online services for filing, tracking and managing registrations. Managing registrations. Recording changes such as new owners, addresses or reduced lists of goods and services. Renewals. Keeping registrations in…

NUSAPAT 7 Nov, 2026

Indonesia , Industrial Design

Indonesia's New Design Bill: DJKI Floats 33-Day Registration and Asks If the Appeal Commission Should Go

By Ozan Attas Photo: bedrck / Pixabay Indonesia is rewriting its industrial design statute, and the IP office has put its wish list on the table. At a focus group discussion on the draft Industrial Design Law (RUU Desain Industri) held at its Jakarta headquarters on 20 July 2026, the Directorate General of Intellectual Property (DJKI) proposed that a design application could be handled in as little as 33 days. The current statute, Law No. 31 of 2000, has governed design protection for more than twenty years. DJKI says digital trade, the creative economy and the use of artificial intelligence in design work now call for a broader update. Who was in the room Members of the special committee (Pansus) of the House of Representatives (DPR) handling the bill attended, along with the head of the civil chamber of the Supreme Court, academics, business owners and creative industry associations. Committee chair Rahayu Saraswati Djojohadikusumo said the DPR wants to hear from everyone aff…

NUSAPAT 7 Nov, 2026

Global , Patent

EPO, JPO and USPTO Heads Meet in Vienna on Global Assignment and AI

By Haedar Photo: Pexels / Pixabay The heads of the European Patent Office, the Japan Patent Office and the US Patent and Trademark Office met in Vienna on 21 October 2026 for the 44th Trilateral Heads of Office meeting. EPO President António Campinos hosted JPO Commissioner Kasai Yasuyuki and USPTO Director John Squires, with WIPO represented by Isozumi Tsuyoshi of its PCT Services Department. A joint session with industry groups took place the day before. The main concrete item was Global Assignment, a project to let applicants record a change of ownership of patent applications once and have it reflected across offices, instead of filing the same transfer documents again in each country. According to the EPO, a shared technical design is due to be put before the IP5 heads when they meet in June 2027. AI was the second theme. The Trilateral AI Working Group, set up last year, is working towards a shared view on the responsible use of AI by patent offices, for example in search …

NUSAPAT 7 Nov, 2026

AI , Copyright , Indonesia

Indonesia's Copyright Bill Puts Human Input at the Centre of AI Rules

By Dafa Attas Photo: ptra / Pixabay Indonesia's plan to replace its 2014 Copyright Law is moving from consultation into detailed drafting, and artificial intelligence has become one of its defining questions. During a working visit by the House of Representatives' Legislation Body (Baleg) to Yogyakarta on Thursday 29 October 2026, the Directorate General of Intellectual Property (DJKI) set out how the government wants the bill to treat machine output: protection should follow human creativity, and a work produced entirely by an AI system, with no creative contribution from a person, should fall outside copyright. Where the bill stands Director General Hermansyah Siregar told the meeting at the Ministry of Law regional office that the government has already handed the DPR its list of issues for the bill, known as the DIM. According to DJKI's own account, that list covers 1,117 points on the articles and 536 points on the elucidation, a sign of how far the text could m…

NUSAPAT 7 Nov, 2026

Asia , Patent

China's New Chip Layout Design Rules Take Effect, Covering Photonic and Quantum Circuits

By Haedar Photo: Ferdinand-Feng / Pixabay China has finished replacing its 25-year-old framework for protecting integrated circuit layout designs. New implementing rules issued by the China National Intellectual Property Administration (CNIPA) as Order No. 86 took effect on 30 October 2026, two weeks after the revised Regulations on the Protection of Layout Designs of Integrated Circuits came into force on 15 October. Both replace texts dating from 2001. The revised Regulations, issued by the State Council as Decree No. 842, add an explicit line that layout designs of integrated circuits with photonic, quantum and similar functions can be protected. That matters because the classic definition of an IC is built around semiconductor substrates and electronic functions, which fit newer chip types less neatly. The core features of the right stay familiar. Protection lasts 10 years from the filing date or the first commercial exploitation anywhere in the world, whichever comes first,…

NUSAPAT 7 Nov, 2026

Indonesia , Industrial Design , Trademark , 日本語

インドネシアの商標・意匠出願、DJKIが4か月の処理目標を公表

執筆：Imaduddin 写真： RDNE Stock project / Pexels インドネシア知的財産総局（DJKI）は2026年9月30日、同年10月1日以降に受理する商標および意匠の出願について、手続を4か月以内に終えることを目指すと発表しました。日本の知財事務所がインドネシア案件の予定を立てる際には、処理期間の目安として参照できる発表です。ただし、個別の出願が必ず4か月で登録されることを意味するものではありません。 対象となる出願と条件 DJKIの説明では、新たな目標の対象は2026年10月1日以降に受理された出願です。それ以前の出願に同じ目標がさかのぼって適用されるとは、今回の発表には記載されていません。 また、発表は意匠の処理期間を説明する中で、第三者からの異議など、手続の支障が生じないことを条件に挙げています。商標についても、4か月という数字は登録結果を約束するものとしてではなく、DJKIの処理目標として読む必要があります。異議のある案件まで一律に同期間で終わると解釈するのは適切ではありません。 5か月目標から、さらに短縮 DJKIによると、商標・意匠の両分野では、2026年8月18日以降に受理した出願について、すでに5か月での手続完了を目標としていました。10月1日からの4か月目標は、その後に公表された追加の短縮方針です。 同局は、処理を速める一方で、審査の質を維持する姿勢も示しています。さらに短い期間を実現するためには、業務運営の改善だけでなく、商標法と意匠法の改正による制度面の調整も必要だと説明しています。今回の発表だけを根拠に、審査要件が緩和されたと判断することはできません。 意匠の出願ルートとマドリッド制度を区別 WIPOのハーグ協定締約国一覧には、インドネシアは含まれていません。同国で意匠の保護を求める場合は、ハーグ制度によるインドネシア指定ではなく、同国への国内出願が必要です。処理期間の短縮方針が示されても、この出願ルートの違いは変わりません。 これに対し、商標の国際登録に関するマドリッド議定書は、インドネシアについて2018年1月2日に発効しています。マドリッド制度への加盟を、意匠のハーグ制度への加盟と混同しないことが重要です。また、今回のDJKI発表は、マドリッド制度に基づく個別の案件にも一律に4か…

NUSAPAT 7 Nov, 2026

Global , Industrial Design

Canada Makes It Easier for Hague Representatives to Act as Design Agents

By Ozan Attas Photo: Pexels / Pixabay The Canadian Intellectual Property Office (CIPO) has removed a small but costly trap for applicants who designate Canada through the Hague System for international designs. An update to its Industrial Design Office Practice Manual, published on 29 October 2026 and effective immediately, means the representative recorded in an international registration can now act before CIPO without filing a separate appointment. Under the new practice, if correspondence reaches CIPO from the representative named in the international registration, and it gives that representative's name and postal address exactly as they appear on the International Register, CIPO will treat it as notice that the representative is appointed as agent in Canada. The appointment then covers each Canadian application that stems from that international registration. Until now, naming a representative in a Hague application only had effect before WIPO. Anyone wanting a Canadia…

NUSAPAT 7 Nov, 2026

ASEAN , Asia , Copyright

Vietnam's IP Office Seeks Closer Enforcement Ties as Piracy Moves Faster and AI Muddies the Picture

By Ozan Attas Photo: InstagramFOTOGRAFIN / Pixabay Vietnam's Intellectual Property Office used a working session in Hanoi on 27 October 2026 to describe a problem many enforcement agencies in the region recognise: online infringers now move faster than the tools built to stop them. The meeting brought together the office, the Entertainment Software Association, which represents video game publishers, and the US law and lobbying firm Brownstein Hyatt Farber Schreck. The problem as Hanoi sees it Deputy Director Nguyen Hoang Giang listed the pressures. Infringing services spread their infrastructure across several countries. They switch domain names quickly, use increasingly sophisticated ways to deliver content, and are starting to benefit from artificial intelligence. Each of these, he said, makes violations harder to find and to act on, and none can be handled by a single agency. The practical lesson discussed at the session was that blocking one domain rarely ends the matt…

NUSAPAT 7 Nov, 2026

Global , Industrial Design

Video and 3D EU Designs Four Months In: Small Numbers, Clear Patterns

By Ozan Attas Photo: Pexels / Pixabay Since 1 July 2026, when the final phase of the EU design reform began to apply, applicants at the EUIPO gained two new ways to show what they want to protect: an MP4 video for designs that move, and a 3D model file (OBJ or STL) for the shape of a product. Four months later, the first numbers are in, and they tell a story of cautious, uneven adoption. The headline figures World Trademark Review reported at the end of October that EU design filings using video or 3D are building up since the reform. A closer look at published registrations comes from UK firm GJE, which analysed EU designs filed from 1 July onwards and published as of 26 October. Out of 24,922 such designs, it counted 59 with an animated representation and 33 with a 3D one. Together, that is roughly 0.4 per cent. Static images still account for almost everything. The EUIPO's own early figures pointed the same way. Over the first two weeks of July, 37 applications came in w…

NUSAPAT 7 Nov, 2026

Global , Trademark

US Court Bars Aerie From Selling "Overslept" Sleepwear, Citing Bad Faith

By Imaduddin Photo: RDNE Stock project / Pexels A federal judge in New York has ordered American Eagle Outfitters to stop selling its "Overslept by Aerie" sleepwear while a trademark case against it continues. US District Judge Loretta A. Preska granted the preliminary injunction on Monday 26 October 2026, after a hearing in Manhattan, in JS China Sourcing Inc. v. American Eagle Outfitters, Inc. (S.D.N.Y., No. 1:26-cv-08055). The dispute JS China Sourcing, a New York apparel maker, filed the suit on 16 September 2026 under the Lanham Act (15 U.S.C. § 1114). It says it has sold sleepwear under its federally registered OVERSLEPT mark since 2019, moving nearly 1.5 million units and more than USD 3.8 million in sales. Aerie, a division of American Eagle, launched a sleepwear line under the "Overslept by Aerie" name. The court set the injunction request on an expedited track: the order to show cause, signed by Judge Preska on 23 September, asked American Eagle to…

NUSAPAT 6 Nov, 2026

Indonesia , Trademark

Indonesia and Japan Compare Notes on Counterfeits and Digital Piracy

By Imaduddin Photo: Vika Glitter / Pexels Indonesia's Directorate General of Intellectual Property (DJKI) and the Japan Patent Office (JPO) have held a joint seminar in Jakarta on tackling counterfeit goods and digital piracy. The JPO/IPR Follow-up Seminar in Indonesia 2026, themed "Counterfeiting and Piracy in the Digital Age: Online and Cross-Border Measures", took place at The Westin Jakarta on Monday 26 October 2026, with participants from government agencies, academia and other stakeholders. Who spoke Yasmon, DJKI's Director of Cooperation, Empowerment and Education, delivered the Director General's remarks. Nitta Minoru, Director of the JPO's International Cooperation Division, spoke for the Japanese side, which also included a JICA expert to DJKI and the JPO's IP attaché for Southeast Asia. The tools on the table According to DJKI's release, Yasmon described three enforcement routes: Access blocking. DJKI coordinates with the ministr…

NUSAPAT 6 Nov, 2026

Asia , Patent

China Plans Patent Screening for "Little Giant" SME Recognition

By Haedar Photo: 力 Lee / Pexels China is moving to check the patents behind one of its most sought-after business labels. A joint notice from four government bodies, including the China National Intellectual Property Administration (CNIPA), says authorities should study setting up a "front-end" patent screening mechanism for companies applying to be recognised as specialised and innovative SMEs, including the national "Little Giant" tier. The notice The document, numbered Gong Xin Ting Lian Qiye [2026] No. 40, is dated 13 October 2026 and was published by the Ministry of Industry and Information Technology (MIIT) on 23 October. It is issued jointly by the general offices of MIIT, the Cyberspace Administration, the State Taxation Administration and CNIPA. Its stated aim is to stop unscrupulous intermediaries from distorting the recognition process for high-quality SMEs. What it says about patents Under the heading on data verification, the notice asks SME au…

NUSAPAT 6 Nov, 2026

AI , Copyright , Global

Black Forest Labs Sued in New York Over Music Allegedly Used to Train FLUX

By Dafa Attas Photo: Reynaldo Yodia / Pexels Black Forest Labs, the company behind the FLUX image and video models, is facing a copyright lawsuit in the US over music. Poseidon Wave Media LLC, the rights-holding company of the instrumental band The American Dollar, filed suit on 20 October 2026 in the Eastern District of New York (No. 1:26-cv-06737), according to the court docket, and filed an amended complaint on 22 October. The complaint itself is not on the free public docket; the details below come from summaries of the amended complaint. What the complaint alleges Poseidon says it owns, by assignment, 236 instrumental recordings and compositions covered by 164 US copyright registrations. It alleges that Black Forest Labs Inc., described as the US arm of a German parent based in Freiburg, copied these tracks to train FLUX, and in particular the multimodal FLUX.3 model that generates video with audio. The complaint alleges, on information and belief, that many tracks were ob…

NUSAPAT 6 Nov, 2026

Asia , Trademark

Kerala High Court Keeps Wipro's Injunction Over "Brahmins" Sambar Powder in Place

By Imaduddin Photo: Joel Camelot / Pexels The Kerala High Court has upheld an interim injunction obtained by Wipro Enterprises Private Limited against a Kerala spice maker that sold a product called "Brahmin(s) Sambar Powder". In a judgment dated 27 October 2026, Justice C.S. Dias dismissed the spice maker's appeal (FAO No. 95 of 2026), leaving the trial court's order in place while the trademark suit continues. The background Wipro acquired the Brahmins group business, including the trade mark and goodwill, in 2023. Wipro relied on evidence of long use, including an inauguration notice dated 13 July 1987, which the court accepted as showing prior use at the interim stage. The other side began using the name for its sambar powder in 2011. The defence that failed The spice maker argued that it was only using "Brahmin" to describe the product, and relied on Section 30(2)(a) of the Trade Marks Act 1999. That provision allows use of a sign to indicate t…

NUSAPAT 6 Nov, 2026

Copyright , Global

CJEU in VG Wort: Collecting Societies Cannot Fund Outsiders by Deducting From Authors' Revenue

By Ozan Attas Photo: Maram / Pexels The Court of Justice of the European Union (CJEU) has set a limit on how far a collecting society can use authors' money for cultural causes. In its judgment of 22 October 2026 in Case C-840/24, VG Wort, the Fifth Chamber held that rights revenue cannot be cut to fund services for people who are not rightholders, although other money held by the society can be used for that purpose. The dispute VG Wort manages rights for authors of texts and their publishers in Germany, where it holds a de facto monopoly. Two authors who were members challenged its practice, between 2016 and 2019, of financing a science promotion fund, the Förderungsfonds Wissenschaft. The fund pays printing costs for scientific and specialist publications and supports related research. The money came from deductions from revenue VG Wort collected, including compensation for private copying and remuneration for public lending. The authors argued that this reduced what the…

NUSAPAT 6 Nov, 2026

AI , Copyright , Indonesia

Google and the Press Council Weigh In on Indonesia's Copyright Bill: News, Compensation and AI

By Dafa Attas Photo: Mike van Schoonderwalt / Pexels Indonesia's Directorate General of Intellectual Property (DJKI) has heard two sharply different views on how the country's new Copyright Bill should treat news content and artificial intelligence. In a discussion reported by DJKI on 20 October 2026, Google and the Dewan Pers (Press Council) gave input on three provisions of the draft: Articles 29, 30 and 66. What the articles cover According to DJKI, the provisions under discussion deal with the economic rights in journalistic works, compensation for their use, and the use of works in connection with AI. The bill is an initiative of the House of Representatives (DPR). DJKI said it will collect the input and pass it to the DPR, and that public consultations are planned in three cities. Google's position Google, represented by Yos Kusuma, said it prefers business-to-business (B2B) arrangements with publishers rather than a mandatory scheme. DJKI's report says G…

NUSAPAT 6 Nov, 2026