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Issue No. 36, August 2023
APAA e-Newsletter
 

Raising The Bar – The Issue of Support in Australia
Dr Matthew Overett, Phillips Ormonde Fitzpatrick (Australia)
Following the 2012 Raising the Bar reforms, Australia’s Patents Act requires that patent claims are supported by matter disclosed in the specification. This means that the description must enable a skilled person to perform the invention across the …

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Two Women, Two Teenage Dreams, One Name
Candice Noring and Daniel Wilson, Spruson & Ferguson Australia (Australia)
Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 (21 April 2023) (Katy Perry / Katie Perry) In this case, an Australian fashion designer, Katie Jane Taylor (“Taylor”) succeeded in a trade mark infringement dispute against the well-known singer-songwriter …

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Distributors’ Use in Non-Use Cancellation Trial in Japan – Need to Prove Relationship with Trademark Owner
Tsutomu Takehara, Ai Association of Patent and Trademark Attorneys (Japan)
Case Number: R2 (Gyo-Ke) 10120 Appeal Lawsuit against Decision by Trial Board of Japan Patent Office (JPO) Judgment issued by Intellectual Property (IP) High Court on November 9, 2022 1. Issue Whether a Japanese distributor’s advertisement of a …

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Preferment Measures for Semiconductor Applications Implemented in Korea
Eun Hye Jung and Kye-Young Lee, Firstlaw P.C. (Korea)
The Korean Intellectual Property Office (“KIPO”) has recently established the Semiconductor Examination Promotion Department, a department to exclusively handle the examination of patent applications encompassing all aspects of semiconductor technology, …

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Protection of Publicity Right through Administrative Investigation
Hyoseon Choi, Kwanggaeto Patent & Law Office (Korea)
On the 26th, the Korean Intellectual Property Office announced the results of the “2023 Publicity Rights-Related Actual Condition Survey” conducted on 82 major music, video, and sports agencies in Korea. The right to publicity refers to the right …

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Duty of Disclosure in Patent Prosecution in Malaysia – How Far Can It Go?
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia)
The Malaysian Court of Appeal considered a motion which was filed to regularise an amended memorandum of appeal which was wrongly dated, was not signed and was not endorsed. While the motion was ultimately dismissed, the Court of Appeal went on to consider …

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Parmesan – a Protectible Translation of Parmigiano Reggiano? Reflections on the Qualification of Rights Regime for GIs in Singapore
Marcus Liu, Amica Law LLC (Singapore)
Fonterra Brands (Singapore) Pte. Ltd. V Consorzio Del Formaggio Parmigiano Reggiano [2023] SGHC 77 – this case is the latest development in a dispute concerning the Geographical Indication “Parmesan Reggiano” (the “GI”) in Singapore. …

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Thailand’s Innovation Drive: Recent Regulatory Initiatives
Radeemada Mungkarndee and Tienkul Kangwanwong, Lexel IP Co., Ltd. (Thailand)
In order to transition Thailand from a resource-based economy to an innovation-driven one, the government has implemented a range of regulations aimed at supporting both public and private sectors in advancing research and promoting commercialization. …

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Factors Involved in Determining the Motivation to Combine Multiple Citations for Patentability Assessment in Taiwan
Harriet I.J. Chen, Tai E International Patent & Law Office (Taiwan)
In the course of patent prosecution or patent invalidation proceedings, the core question often revolves around whether the combination of multiple citations can establish a lack of inventiveness in an invention or creation. The essential consideration …

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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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