Issue No. 17, June 2020

APAA e-Newsletter

Hong Kong Further Improves Its System of Protecting Inventions

Jeffrey Hung – Sit Fung Kwong & Shum Solicitors (Hong Kong)

An Original Patent Grant system, which provides the alternative of direct filing of standard patent applications in Hong Kong without any prior application in a designated patent office outside Hong Kong (i.e. patent office in China, Europe or UK), was introduced to Hong Kong on 19 December 2019.

Early Enforcement of Copyright Law 2018 as revised for Educational Use of ICT

Shujiro Aoki, Seiwa Patent & Law (Japan)

1. Overview Due to the serious impact of the spreading COVID-19 pandemic, the Japanese Copyright Law 2018 as Revised, featuring the use of Internet Communication Technology (ICT) in the educational field, came into force on April 28, 2020, earlier than scheduled. This report describes an outline of the revision and the circumstances involved in the … Continue reading

Timing for the Determination of “Same Facts and Evidence” under Res Judicata (Article 163 of the Korean Patent Act)

Yunsoon Choi and Agnes Jihyun Pae – Yoon & Yang (IP) LLC (Korea)

A recent decision of the Korean Supreme Court deals with the time point of applicability of the doctrine of Res Judicata, after the Korean Supreme Court en banc Decision in 2012 ruling that the time point to determine whether a petition for trial is unlawful under the doctrine of Res Judicata is at the time of petition for a trial .

Expedition of Trademark Examinations in Korea

Min-Sook Shin, Wooin Patent & Law firm (Korea)

Under Korean trademark practice, examination of trademark applications takes place in the order of filing. As of January 2020, it takes about seven months to receive the examination results of a trademark application. The applicant’s rights over the trademark or the public interest may not be protected properly during the period. As such, the applicant … Continue reading

The COVID-19 Pandemic and Its Impact on Your Intellectual Property – a Malaysian Perspective

Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia)

The outbreak of the COVID-19 pandemic has caused disruptions of unprecedented proportions around the globe with lockdowns and movement restrictions such as the Movement Control Order implemented by the Malaysian Government being enforced. Even so, it is crucial that businesses remain mindful of the need to not only protect their intellectual property rights but also … Continue reading

Goodwill Fronting – Harvard University Owns Goodwill in Terminated Implied Licence with Ex-Official Alumni Club

Ashley Chew Lixian and Daryl Er, Ella Cheong LLC

Introduction The test for an implied licence in non-commercial relationships in the context of establishing ownership of goodwill for passing-off in trade mark oppositions was recently considered in the landmark case of Harvard Club of Singapore v President and Fellows of Harvard College [2020] SGHC 77. The case concerned an appeal from the Trade Marks … Continue reading

Thailand Draft Biodiversity Act – An Update

Tanakrit Tangburanakij, Radeemada Mungkarndee, Peeriya Pongpattanapun – Baker & McKenzie (Thailand)

The Biological Diversity Division of the Office of Natural Resources and Environmental Policy and Planning, Ministry of Natural Resources and Environment published a draft act on 16 March 2020 in connection with the Nagoya Protocol, namely the draft Biodiviersity Act. The Draft sets out mechanisms and measures for the management of biodiversity, conservation, access, utilization, and benefit sharing from utilization, of biological resources, as well as biosafety, in Thailand.

Commercial Success Recognized for the First Time as a Factor to Determine Inventive Step by the Taiwan IP Court

Grace W. T. Liao – Taiwan International Patent & Law Office (Taiwan)

The Patent Examination Guidelines prescribed by the Taiwan IPO expressly provide commercial success as a supplementary factor to consider when determining whether or not inventive step exists. In practice, however, commercial success has never been taken into consideration by either the Taiwan IPO or any court, until now.

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