Issue No. 21, February 2021

APAA e-Newsletter

What Happens to IP When the Owning Company is Deregistered in Australia?

Ryan Boe and Sylvie Tso, Spruson & Ferguson (Australia)

Content In Australia, there are multiple avenues to close down a company, resulting in its deregistration. For example, the company may be wound up (voluntarily or involuntarily), go into receivership, go into liquidation or be directly deregistered (either voluntarily or initiated by the Australian Securities & Investment Commission (‘ASIC’)). For these options, a key part … Continue reading

Single Color Mark Case (Acquired Distinctiveness), IP High Court Case No. REI 1 (Gyo-Ke) 10147 (June 23, 2020)

Toyoko Yoshida, Shimizu and Daigo (Japan)

1. Issue Whether a single color mark per se has acquired distinctiveness through use. 2. Subject Application and File History Mark: orange color mark without outline (Application No. 2015-29999) Goods: Class 7- Hydraulic excavators (after amendment) The subject application was ultimately refused for registration by the JPO Board of Appeal, as the mark lacked distinctiveness … Continue reading

Are Generic Companies Liable for Originator’s Losses Attributable to Pricing Reductions on Generic’s Launch in Korea?

Keum Nang Park, Lee & Ko (Korea)

Supreme Court in South Korea decides generic companies are not liable for original drug companies’ losses attributable to original drug price reduction upon generic launch.

Supreme Court Recognizes Foreign Fame and Bad-Faith Intent in Cervélo Case

DJ Lee and Somi Lim, Yoon & Yang (IP) LLC (Korea)

Introduction The “Cervélo” marks are used for bicycles made by the Canada-based bicycle manufacturer Cervélo S.A. (later acquired by the petitioner; both Cervélo S.A. and the petitioner are referenced as “the petitioner” hereinafter). Since 1996, products featuring the cited marks have been available through dealers in the United States, Canada and other countries worldwide at … Continue reading

Trademarks (Waiver and Modification of Fee) Regulations 2020; Patents (Waiver of Fee) Regulations 2020

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

Introduction In view of the commercial difficulties and hardships many have had to face since the outbreak of the Covid-19 pandemic, the Malaysian government has introduced new regulations which provide for the waiver and / or modification of filing fees for trademarks and patents to provide some relief to those in need of financial assistance. … Continue reading

Update on CPTPP in Thailand : From an IP Perspective

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

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) and Thailand’s plant varieties system has been brought to the public’s attention again, due to the International Economic Policy Committee (IEPC)’s announcement in early February 2021 that they need 3 months to study the pros and cons, in order to consider whether to join CPTPP prior to the deadline of the next round of negotiations in August 2021.

Summary of Draft Amendments to Taiwan’s Patent Law

Ronald C.Y. Tsai, Wideband IP Office (Taiwan)

The Taiwan Intellectual Property Office (“TIPO”) announced a draft amendment to Taiwan’s Patent Law on December 30, 2020 and held public hearings in January 2021. The draft amendments primarily include two points: (1) changing examination and relief procedures of patent applications; and (2) extending the priority period of a design patent from 6 months to 12 months.

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