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| Issue No. 30, August 2022 |
| APAA e-Newsletter |
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| Options for IP Protection after Expiry of the Innovation Patent |
| Brad Postma and Tatiana Dudina, Spruson & Ferguson (Australia) |
| The innovation patent system was intended to be a second-tier patent system serving the needs of Australian Small to Medium Enterprises (SMEs). Innovation patents, however, were also used strategically as a highly effective litigation tool. In view … |
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| Sign of the Times: Electronic Signatures in the Patent System |
| Adam Pepper, Phillips Ormonde Fitzpatrick (Australia) |
| Late last year the European Patent Office (EPO) began accepting Qualified Electronic Signatures (QES) attached to electronically filed documents submitted as evidence to support requests for registration of a transfer of rights. The disruptions from COVID-19 … |
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| JPO Restriction of Multi-Multi Dependent Claims |
| Hiroyasu Ninomiya, NYT Partners (Japan) |
| Introduction A “multi-multi dependent claim”* is no longer allowed in a patent application from April 1, 2022, due to the recent amendment to the regulation of the patent act. The restriction of multi-multi dependent claims leads to limitations … |
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| Interpretation of Product-by-Process Claims in Korea |
| Jong Sun Kim, KLP IP FIRM (Korea) |
| Supreme Court decision in Case No. 2020 Hu 11059 (Patent Scope Confirmation, January 28, 2021) is related to the interpretation of the scope of patent rights of product-by-process claims. The substance of the decision is as follows. The invention of … |
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| The Eagle Takes Flight Again with the Federal Court’s Take on Parallel Imports in Guangzhou Light Industry & Trade Group Ltd & Ors v Lintas Superstore Sdn Bhd [2022] MLJU 1135 |
| Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia) |
| Parallel imports, namely, branded goods which are imported and sold in a market without the consent of a trademark owner, have generally been considered to be legal in Malaysia. This is premised upon the concept of exhaustion of IP rights because, even … |
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| Fair Winds for Fair Use |
| Shiela Marie L. Rabaya, Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW) (Philippines) |
| Introduction Fair use is a privilege to use copyrighted material in a reasonable manner without the consent of the copyright owner, or copying a theme or idea rather than their expression. Fair use is considered as breathing space for creators, so that … |
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| New Measures Announced for Customs Recordal in Thailand |
| Praewpan Hinchiranan, Baker McKenzie (Bangkok Office) (Thailand) |
| Following the Notification of the Ministry of Commerce (MOC) re: Determination of Goods Infringing Trademark and/or Copyright to be Prohibited for Export, Import and Transit through the Kingdom (Notification) which became effective at the end of July … |
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| Amendments to Patent Examination Guideline Regarding Disclaimer |
| Stephen J.W. Cheng, Louis International Patent Office (Taiwan) |
| Taiwan Intellectual Property Office (TIPO) announced a revised Patent Examination Guideline on June 27, 2022, which became effective on July 1, 2022. In the revised Patent Examination Guideline, regulations regarding disclaimer described in Chapter … |
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