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Issue No. 11, March 2019 |
APAA e-Newsletter |
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Federal Court Overturns Patent Office – Computer-implemented Invention Patentable! |
Simon Reynolds and Ayesha Lee, Spruson & Ferguson (Australia) |
The Australian Federal Court has overturned a decision by the Commissioner of Patents in finding that the computer implemented business method in question is for patent eligible subject matter. In doing so, the Federal Court has clarified that the correct approach when assessing patentable subject matter is to consider the combination of integers as claimed, rather than each integer in isolation. |
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Australian Design Registrations and the Statement of Newness and Distinctiveness |
Chris Atichian, Cotters Patent & Trade Mark Attorneys (Australia) |
Australian design applications may optionally be filed with a Statement of Newness and Distinctiveness (SND). The protection afforded by the design registration can be significantly influenced by the features presented in the SND, as discussed in this article. |
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Beginnings of a Major Revision to Japanese Design Law |
Tetsuya Fuse, Soei Patent & Law Firm (Japan) |
The beginnings of a major revision to the Japanese Design Law are underway. The revision involves the relaxation of procedural requirements for registration, the expansion of protection, and the enhancement of protection. Although underway, nothing has been officially decided as yet with regard to the precise wording of revisions relating to the legal provisions, although the general proposals are beginning to take a more definite shape. |
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New Legislation to Adopt Multiplied Damage in Korean Patent Act |
John W. Chung, Y.P.Lee, Mock & Partners (Korea) |
Patent Act adopts an exemplary damage for willful infringement and an obligation of an alleged infringer to explain his or her own invention…effective as of July 8, 2019… |
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Korea Adopts Key Changes to Strengthen Trade Secret Protection |
Keum Nang Park and Jung-Hyun Uhm, Lee & Ko (Korea) |
In July 2019…amendment to the…UCPA…will take effect…[t]he amendment adopts punitive damages, mitigates the burden of proof of misappropriation and enhances criminal penalties, as its key features. |
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Taiwan Patent Act – new amendments |
Ronald Tsai, Jamie C.C. Lu and Albert W. H. Lee, Wideband IP Office (Taiwan) |
A draft amendment to the Taiwan Patent Act…sent to the Legislature Yuan for review..is directed to (i) relaxing the restrictions on divisional applications; (ii) speeding up the procedure for invalidating patents before the TIPO; (iii) tightening the timing for post-grant amendments of utility model patents; and (iv) extending the term of a design patent (from 12 years to 15 years). |
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IP Laws and Practices Subject to Changes After The CPTPP Comes Into Effect in Vietnam |
Nguyen Thi Thu Ha, Vision & Associates (Vietnam) |
National Assembly…passed Resolution…approving the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) agreement…The CPTPP came into effect in Vietnam on 14 January 2019. |
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©2019, Asian Patent Attorneys Association. All rights reserved. The content of this publication and any linked materials are for informational purposes only and does not contain any legal advice. Transmission of this content does not create, and receipt thereof does not establish, any attorney-client relationship. Legal advice of any nature should be sought from legal counsel. |
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