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| Issue No. 23, June 2021 |
| APAA e-Newsletter |
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| Strategies to Keep in Mind as the Death Knell Sounds for Australia’s Second-Tier Patent System |
| Dr Jim Onishi, Houlihan2 Patent & Trade Mark Attorneys (Australia) |
| Australia is abolishing its second-tier Innovation Patent system, with the last date to file an application for an Innovation Patent being 25 August 2021. However, it will still be possible for patentees to obtain “new” Innovation Patents after … |
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| Patent Working Requirements in Australia |
| Dr Kurt Harris and Dr Gint Silins, Spruson & Ferguson (Australia) |
| Under Australian Patent Law, there is no legal requirement to provide a statement to demonstrate that an invention is being exploited within Australia. However, a provision exists under current Section 133 of the Patents Act 1990, that if a patented invention … |
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| How to Determine Copyrightability, and Reproduction or Adaptation, of Ready-Made Modern Art: Idea-Expression Distinction Doctrine, Merger Doctrine, Two-Step Test, and Overall Comparison Theory |
| Kei Iida, Nakamura & Partners (Japan) |
| I. Introduction On January 14, 2021, the Osaka High Court (the “Court”), in the Goldfish-filled Telephone Booth Case (Case No. 2019 [Ne] 1735), reversed the decision by the court at the first instance (the Nara District Court Decision of July 11, … |
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| Development of the Cambodian Patent System – A New Approach to Patent Examination |
| Vichet NY, VNP Law Office (Cambodia) |
| Since the 2000s, Cambodia has adopted IP-related principle laws to determine the conditions necessary to acquire intellectual property rights in its jurisdiction. Unfortunately, in practice, the implementation of the laws is limited, in particular the … |
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| How to Get a Patent for AI-Related Inventions in Korea |
| Young Cheol Byun, Yoon & Yang (IP) LLC (Korea) |
| Artificial intelligence (AI), a major component of the wave of technological innovation known as the Fourth Industrial Revolution, made rapid progress in the 2010s. Countries including South Korea are devoting so much effort to developing AI technology … |
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| Supreme Court Decision Underscores Importance of Early Trademark Registration |
| YoungJoo Song and Mizi Park, KAI International Intellectual Property Law Firm (Korea) |
| Introduction The Supreme Court of Korea recently issued a landmark decision that said that the use of a valid trademark registration could still amount to trademark infringement. The latest ruling shows the court’s strong adherence to the fundamental … |
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| Singapore’s IP Strategy 2030: Towards Greater Interconnectivity |
| Yvonne Tang, Drew & Napier LLC (Singapore) |
| Introduction Intangible assets (“IA”) and intellectual property (“IP”) have become core components in today’s global economy. As such, it is important for Singapore to adopt an international perspective in establishing its approach to IA/IP. … |
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| New Fast-Track Trademark Registration and Renewal System in Thailand |
| Tanakrit Tangburanakij and Jarima Boonyaudomsart, Baker & McKenzie Ltd. (Thailand) |
| Introduction Under the current practice of the Thai Trademark Office, the Department of Intellectual Property (DIP) states that, in order to conform with the law and regulations, it generally takes the trademark registrar 12 months to examine a new trademark … |
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| Fast-Track Trademark Examination Program Implemented on a Permanent Basis in Taiwan |
| Steve Y.T. Huang, Five Continents International Patent & Trademark Office (Taiwan) |
| Introduction The Taiwan Intellectual Property Office (TIPO) launched the “Fast-Track” Trademark Examination Pilot Program on May 1, 2020 to expedite the examination for applications filed through the electronic filing system. Over the past year, approximately … |
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| Change in Security Control Over Inventions Under the Proposed Revisions of the IP Laws of Vietnam |
| Nguyen Thi My Huong and Nguyen Thi Thu Ha, Vision & Associates (Vietnam) |
| Security control over inventions, especially those proposed to be filed abroad, is a sensitive issue. Controversy over the issue has been prolonged over more than a decade in Vietnam. It is often complained that with the too tight security control regulations, … |
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| ©2018, 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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