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| Issue No. 31, October 2022 |
| APAA e-Newsletter |
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| Kanye bites back |
| Melissa Wingard, Phillips Ormonde Fitzpatrick (Australia) |
| Introduction A Melbourne restaurant owner recently found out the fine line between inspiration and copying or passing off. You may have recently read about Kanye West writing a cease and desist letter to a suburban Melbourne hamburger restaurant called … |
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| The Practice of Incorporation by Reference in Patent Specifications |
| Dr Mike Zammit and Duncan Longstaff, Spruson & Ferguson (Australia) |
| Various issues can arise from the practice of “incorporation by reference” during patent prosecution. In particular, an Examiner will often object during prosecution when a document is explicitly incorporated by reference to avoid disclosing matter … |
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| Injunctive Action For Trademark Infringement Case – Reiwa 2 (WA)1160 Judgment of Tokyo District Court, on January 31, 2022 |
| Toyoko Yoshida, Shimizu and Daigo (Japan) |
| Facts Plaintiff’s Registered Mark 1: Reg. No. 0653109 “KENT (stylized)” 【】 Reg. Date:1994/09/16 Goods: Clothing, etc. in Class 25 There is a licensee to use this mark, who started exclusive sales of clothing with “Kent” brand since 2001. … |
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| The Amended Design Protection Act and the Utility Model Act Implemented as of June 10, 2022 |
| Keum Nang Park, Lee & Ko (Korea) |
| As of June 10, 2022, the amended Design Protection Act and the Utility Model Act (the “Amended Acts”) have been implemented. The crime of infringing a design right or utility model right is now treated as so called “an offence unpunishable over … |
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| KIPO’s New Examination Guidelines for Protection of Virtual Goods |
| Jiyeong Yi, Firstlaw P.C. (Korea) |
| Introduction With the sharp increase of trademark applications relating to metaverse and NFTs in recent years, the KIPO issued new guidelines setting out the boundaries of acceptable descriptions of virtual goods/services and how the similarity of goods/services … |
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| Thailand: IP Infringement Ends in Destruction Ceremony |
| Praewpan Hinchiranan, Baker McKenzie (Bangkok Office) (Thailand) |
| The Department of Intellectual Property held a destruction ceremony of goods infringing Intellectual Property Rights (IPR) on 26 August 2022 at the Anti-Aircraft Artillery Regiment 1 in Don Mueang, Bangkok. The ceremony was presided over by the Deputy … |
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| Second-instance Judgment of the Patent Dispute Between DEPO and Mercedes-Benz Is Made on July 14, 2022 |
| Jacky Liao and Deana Ting, Darwin Patent and Trademark Office (Taiwan) |
| MERCEDES-BENZ GROUP AG claimed that various headlight products manufactured by DEPO Auto Parts Ind. Co., LTD. infringed Taiwan design patent D128047 and requested compensation of NT$60 million. … |
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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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