Issue No. 18, August 2020

APAA e-Newsletter

Important Decisions Over the Past 2 Years: Patentability of Computer-implemented Inventions in Australia

Ayesha Lee and Simon Reynolds, Spruson & Ferguson (Australia)

The requirements for patentability of computer-implemented inventions in Australia have been in a state of flux for some time. A number of decisions have been handed down by Australian courts and the Australian Patent Office in the last two years, reflecting the state of change. These decisions provide further clarity into what constitutes a patentable computer-implemented invention.

COVID 19: Countless Counterfeits Confiscated

Marine Guillou, Phillips Ormonde Fitzpatrick (Australia)

The COVID-19 crisis has heightened the dangers posed by the global trade in counterfeit pharmaceutical products. Between 3 and 10 March 2020, in the same week the World Health Organization (WHO) declared the coronavirus outbreak a pandemic, Operation Pangea, a collaborative enforcement effort by the World Customs Organisation, Interpol, Europol, Customs administrations, Police forces and … Continue reading

Protection of Software Transmitted Online in Korea

Hyekyung (Esther) Hwang, Central Intellectual Property & Law (Korea)

Previously in Korea, protection was only provided for software containing patented technologies which were stored and distributed on a recording medium (CD, USB, etc.). However, a recent revision to the Korean Patent Act (KPA) which became effective on March 11, 2020 expanded the scope of protection for software inventions to encompass both online and offline distribution.

MCM Achieves Universal Well-known Status

YoungJoo Song and Mizi Park, YOON & YANG (IP) LLC (Korea)

Victory eventually came to MCM after its long fight against the “M’CM∙C” mark. It is an invaluable win for the fashion brand, which was granted “universal well-known” status, the highest level of fame and brand protection for a trademark in Korea. What is universal well-known status? There are three levels of fame for trademarks in … Continue reading

IPOPHL Issues Revised Rules on Voluntary Licensing

Ma. Sophia Editha Cruz-Abrenica and Glaiza Narvacan, Villaraza & Angangco (Philippines)

The Philippine Intellectual Property Code (“IP Code”) is clear in its intention to encourage technology transfer and prevent or control practices and conditions that may amount to an abuse of intellectual property rights, which will in turn have adverse effects on competition and trade (Sec. 85, IP Code). In this regard, the IP Code devotes … Continue reading

CPTPP and its impact on Plant Variety Protection in Thailand

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

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) was brought to public attention in Thailand after the Thai government announced in February 2020 in favour of joining the CPTPP. The issue went viral on social media due to heavy criticism by many NGOs.

Lesson Learned from the UMC Trade Secret Misappropriation Case Regarding Criminal Liability Faced by An Employer

Jeanne Wang, Tsar & Tsai Law Firm (Taiwan)

Taiwan’s second largest contract chipmaker United Microelectronics Corporation was accused of misappropriating DRAM-related trade secrets of Micron Technology Inc. for UMC’s DRAM technology cooperation project with Jinhua Integrated Circuit in Fujian, China. As the facts unfolded, the case was quickly perceived as an economic espionage case touching the sensitive political/economic relationship among the US, China, and Taiwan. UMC along with its engineers were formally indicted by Taiwan prosecutors in 2017, followed by an indictment by the US prosecutor in 2018.

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