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Issue No. 34, April 2023
APAA e-Newsletter
 

Understanding Australia’s Experimental Use Exemption to Patent Infringement
Karen Heilbronn Lee and Michael Christie, Spruson & Ferguson (Australia)
Australia’s Patents Act was amended in 2012 to codify an experimental use exemption to patent infringement. The Act now provides that a person may do an act, which would otherwise be considered to infringe a patent, without infringing, providing that …

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Recent Legislative Changes in Japan
Nami Togawa, Seiwa Patent & Law and Akira Watanabe, Nakamura& Partners (Japan)
Summary There have been legislative changes in Trademark/Design Law so that it is possible to stop importation of counterfeits disguised as personal importation. Further, the act on the Limitation of Liability for Damages of Internet Service Providers …

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Narrow Interpretation of Incorporation by Reference in Korea
Syhoon Kim, Kim & Chang (Korea)
A recent decision by the Patent Court of Korea sheds light on how one should carefully use incorporation by reference in a Korean patent application. …

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Image Design Application Strategy in Korea
Eric (Keewan) Koo, Muhann Patent & Law Firm (Korea)
A revised version of the Design Protection Act was implemented in 2021.  Under the revised Act, there are two ways to obtain a design registration for an image design, which has meant that, when filing a design application for an image, a recommendation …

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Territorial Jurisdiction and Intellectual Property Disputes – When are Transfer Applications Warranted?
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia)
The concept of territorial jurisdiction and criteria governing the determination of the most appropriate forum before which a dispute ought to be adjudicated is often seen as trite. However, the manner in which such criteria are to be applied is not necessarily …

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Patent Fast-Track Program for Medical Inventions in Thailand
Radeemada Mungkarndee and Tienkul Kangwanwong, Lexel IP Co., Ltd (Thailand)
The Thailand Patent Fast-Track aims to expedite the examination process for patent applications and petty patent applications related to the medical field. By doing so, the Patent Fast-Track is expected to support businesses in Thailand and align with …

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Brief Introduction of the Amendment of the Intellectual Property Case Adjudication Act in Taiwan
Man-Ting Liao and Chi-Che (AL) Tung, Formosan Brothers Attorneys-at-Law (Taiwan)
The amendment of the Intellectual Property Case Adjudication Act was passed in the Legislative Yuan on January 12, 2023 and will be enforced on August 30, 2023. This is the most significant amendment after more than 14 years since its implementation on …

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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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