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Issue No. 28, April 2022
APAA e-Newsletter
 

Patenting Pharmaceuticals in Australia: the Practical Effects of Clinical Trial Publication Following the Mylan v Sun Pharma Decision
James Beckett, Brendan Nugent, and Doug Horton, Spruson & Ferguson (Australia)
Inventors of pharmaceutical products and methods must very carefully consider and balance the need to publish details of their own research proposal, which often must be made public for reasons discussed in this article, with the ability to validly seek …

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Spice DAO Face a Common Copyright Conundrum
Melissa Wingard, Phillips Ormonde Fitzpatrick Lawyers (Australia)
Content There are any number of myths that surround copyright and one which we commonly hear is the misunderstanding that merely by paying for a work, the underlying copyright is assigned to the buyer. Spice DAO (which stands for Decentralised Autonomous …

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The Trend of Anti-Piracy Measures in Japan
Takaaki Hayashi, Cita-Cita IP Firm (Japan)
Introduction With the rapid progress of digitalization and networking in recent years, pirated versions of music, anime, movies, comics, videogames, etc. on the Internet are distributed worldwide, and the damage is rapidly increasing. Even in Japan, the …

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Patent Applications in Korea Increase during the Pandemic
Hyekyung (Esther) Hwang, CENTRAL Intellectual Property & Law (Korea)
Despite the tough economic conditions due to the COVID-19 pandemic, nearly 600,000 Intellectual Property (IP: patents, utility models, designs and trademarks) applications were filed in Korea in 2021, which constitutes an all-time high. …

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Korean Trademark Act and Design Protection Act Amended
Jiyeong Yi, Firstlaw P.C. (Korea)
Revisions made to the Korean Trademark Act (“KTA”) and the Korean Design Protection Act (“KDA”) came into effect on April 20, 2022. The revised laws introduced, among other things, a reexamination system in order to minimize the establishment …

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LEX, LEXUS or Can There Be Concurrent Use of Both? The Federal Court Decides in Munchy Food Industries Sdn Bhd V Huasin Food Industries Sdn Bhd [2021] 21 CLJ 329
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia)
Munchy Food Industries Sdn Bhd (“Munchy”), a manufacturer of biscuits and confectionary, is the proprietor of the mark “LEXUS”, which has been registered since 23.01.1998. Huasin Food Industries Sdn Bhd (“Huasin”), who also produces confectionary, …

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Introduction of Simplified Process under the Supreme Court of Judicature (Intellectual Property) Rules 2022 in Singapore
Yvonne Tang, Drew & Napier LLC (Singapore)
Introduction The Supreme Court of Judicature (Intellectual Property) Rules 2022 (“IP Rules”), which came into effect in Singapore on 1 April 2022, brought into operation a simplified, cost-limited pathway for suitable Intellectual Property (“IP”) …

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New Thai Copyright Act Passed
Tanakrit Tangburanakij and Praewpan Hinchiranan, Baker McKenzie (Thailand)
The Thai Senate has approved draft amendments to the Copyright Act which will officially come into force on 23 August 2022. …

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The Determination of Causes Not Attributable to the Applicant in Taiwan
Hung-Liang Wu, Direction Int’l Patent Trademark & Law Firm (Taiwan)
In this case the plaintiff argued that a request for division of a patent application was delayed beyond the statutory time period by the impact of Covid-19 epidemic. However, the defendant-TIPO concluded that the evidence presented by the plaintiff could …

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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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