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Issue No. 25, October 2021
APAA e-Newsletter
 

Is My Smartphone Smart? Australian Court Decides AI Can Be an Inventor
Paul Warden-Hutton, Houlihan² (Australia)
In Australia, the Patent Office issued a decision stating that Australian Patent Law “…is inconsistent with an artificial intelligence machine being treated as an inventor.” A Federal Court decision then set aside this decision and rejected it in …

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Patent Law Update in Japan 2021 and Latest Statistics of Patent Application
Toshinori Tanno, UNIUS Patent Attorneys Office (Japan)
1. Introduction   Triggered by the expansion of the COVID-19 pandemic, economic activities have dramatically changed, as seen in instances such as digitalization, remote work and contactless services. To address these changes, the “Law for …

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Korean Discovery in Revised Bill of Patent Act
Hojun Yeom and Chae Eun Lee, Bae, Kim & Lee (Korea)
A proposed amendment to the Patent Act submitted in 2020 introduced new developments including (1) expert inspection, (2) witness deposition, and (3) litigation hold, as well as updated procedures and sanctions standards. …

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Copyright Infringement by a Streaming Device – Is this the Beginning of the End for TV Boxes in Malaysia?
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia)
In a much-lauded decision, the Malaysian Intellectual Property Court found on 24th May 2021 that the sale or distribution of TV boxes or illicit streaming devices that are able to provide unauthorised access to works protected by copyright would amount …

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New Guideline for Online IP Infringing Content in Thailand
Tanakrit Tangburanakij & Praewpan Hinchiranan, Baker McKenzie (Bangkok Office) (Thailand)
In 2017, the Computer Crime Act, which is a law that criminalizes certain types of online activities, including unauthorized access to computer data, scamming, phishing, etc., introduced section 20 with the aim of reducing incidents of online infringement. …

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Follow-up to the Draft Amendments to Taiwan’s Patent Law
Ronald C.Y. Tsai, Wideband IP Office (Taiwan)
The Taiwan Intellectual Property Office (hereinafter referred to as “TIPO”) released the 2nd version of the draft amendments to Taiwan Patent Law on June 22, 2021. Compared with the 1st version, the 2nd version is more relaxed on some time-period …

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Amendments to Patent Examination Guidelines in Taiwan – Altering a Claimed Numerical Range Limitation
Sharon Lin, Yeang Jen & Associates (Taiwan)
  The Taiwan Intellectual Property Office (TIPO) published an amendment to the Patent Examination Guidelines for amendment of claims in Chapter 6 of Part II.  This amendment is effective from July 14, 2021. In case the recitation in the claims fails …

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Secret Prior Art in Vietnam- New Approach in Draft Revised IP Law
Nguyen Thi My Huong and Nguyen Thi Thu Ha, Vision & Associates (Vietnam)
Under the current IP laws, Vietnam falls into the smaller group of countries that do not accept secret prior arts as citations against later-filed applications, regardless by third parties or itself. This practice is mainly caused by the notion adopted …

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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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