| Australian Court Confirms Refurbished Printer Cartridges Infringe Patent |
| Ayesha Lee – Spruson & Ferguson (Australia) |
| In the appeal decision of Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115, the Full Federal Court of Australia found that refurbished printer cartridges infringed an Australian patent. The decision involved consideration of whether modifications made in refurbishing the printer cartridges fell within the scope of an implied license, and whether the modifications related to repair or making a new product. |
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| Federal Court Provides Mixed Messages on Infringement of Medical Use Claims |
| Anna Goldys and Elizabeth Barrett – Spruson & Ferguson (Australia) |
| The findings in a recent Feceral Court decision regarding the infringement of the Swiss-style claims further emphasise the distinction between Swiss-style and method of treatment claims under Australian law. Applicants should ensure that both Swiss-style and method of treatment claims are included in applications relating to medical uses. |
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| Patent Law Update in Japan 2019 |
| Toshifumi Onuki – TMI Associates (Japan) |
| Introduction Spearheaded by the first female Commissioner of the Japan Patent Office (“JPO”), Naoko Munakata, the Bill for the Act of the Partial Revision of the Patent Act passed the ordinary Diet session this year in a bid to strengthen the enforcement of IP rights. The Act is expected to come into force in early . “Manage Newsletters” |
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| Is Licensee Allowed to Seek Invalidation of Licensed Patents? Korean Supreme Court Renders En Banc Decision |
| John W. Chung – Y.P. Lee, Mock & Partners (Korea) |
| In Korea there have been cases before the Courts where licensees have challenged the validity of licensed patents, requiring the Courts to consider whether a licensee has legal standing to bring such an invalidation action. Unfortunately, the court rulings on the issue have been inconsistent. However, a recent decision has sought to clarify the issue. |
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| Louis Vuitton Prevails in ‘Parody’ Battle against The Face Shop’s My Other Bag Collaboration |
| YoungJoo Song and Mizi Park – Yoon & Yang (IP) LLC (Korea) |
| 1. INTRODUCTION Louis Vuitton has been granted a win in its lawsuit against Korean cosmetics company, The Face Shop. The victory comes after the luxury brand failed in separate attempts to sue My Other Bag (MOB) in the United States for trademark infringement and trademark dilution. The Los Angeles-based brand is known for its canvas . “Manage Newsletters” |
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| The “Patent Linkage System” for the Pharma Industry in Taiwan |
| Hsui-Ru Chien – Lee and Li, Attorneys at Law (Taiwan) |
| In December 2017, the Patent Linkage System was introduced to the pharmaceutical industry in Taiwan. In September 2018, the Taiwan Food and Drug Administration published a draft version of the regulations on patent linkage titled “The Enforcement Rules for Patent Linkage”. The Rules were formally promulgated by the Ministry of Health and Welfare in July 2019, and commenced on August 20, 2019. |
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| Amendment to the Intellectual Property Law of Vietnam to Meet the Requirements of CPTPP |
| Nguyen Thi Thu Ha – Vision & Associates (Vietnam) |
| As reported in the previous issue, the National Assembly of Vietnam approved Resolution No. 72/2018/QH4 ratifying the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and relevant documents on 12 November 2018. As a result, the CPTPP became effective with respect to Vietnam as of 14 January 2019. On 14 June 2019, the National Assembly . “Manage Newsletters” |
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