| Ray of (Physical and Tangible) Hope for Computer Implemented Inventions |
| Mark Williams, Phillips Ormonde Fitzpatrick (Australia) |
| It’s been a little over a year since the High Court of Australia’s surprising 3:3 split judgment in Aristocrat v Commissioner of Patents [2022] HCA 29 (Aristocrat ’22) relating to manner of manufacture and in particular the patentability of computer … |
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| Guidelines on Trade Mark Classification of Virtual Goods and NFTs in Australia |
| Daniel Wilson and Chelsea Peters, Spruson & Ferguson (Australia) |
| There has been heavy speculation over the last two years on how intellectual property will operate in the emerging virtual arena that is the Metaverse and similar digital spaces. The MetaBirkins case in the United States gave brand owners some comfort … |
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| Regulatory Void Highlighted for India’s Patent and Trademark Agents |
| Manisha Singh and Joginder Singh, LexOrbis (India) |
| The Delhi High Court recently disposed of a writ petition W.P. (C)-IPD 9/2023, revolving around a patent matter which, beyond the immediate legal dispute, highlighted a more profound issue, i.e., the regulation of professionals within the sphere of intellectual … |
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| Amendment to the Law Regarding Exceptions to Loss of Novelty of Design |
| Tetsuya Fuse, FUSE Intellectual Property firm (Japan) |
| 1. Introduction The Law on Exceptions to Loss of Novelty of Industrial Designs will be revised. The current system of the law requires certification for each publicly known act and imposes an excessive burden on applicants. In other words, under … |
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| Legislative Change of Patent Official Fee in Korea |
| Yunsoon Choi and Jihyun Pae, Yoon & Yang (IP) LLC (Korea) |
| The Korean Intellectual Property Office (KIPO) announced the revision of the ‘Patent Fees Collection Regulations’ , effective as of August 1, 2023. The main revisions relating to Patent official fees are as follows: The patent registration … |
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| Korean Supreme Court Clarifies Criteria for “another person uses or intends to use the trademark” in relation to Violation of the Principle of Good Faith |
| Jingil Jeong, Lawyul Patent & Law Firm (Korea) |
| The Supreme Court recently rendered a decision that a third party’s sales could be acknowledged as “another person use of trademark” of Korean Trademark Act (hereinafter, “KTA”) Article 34(1)(20).[1] (Supreme Court Case No. 2022Hu10289, March … |
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| IPOPHL Issues Biotechnological Patent Application Examination Guidelines |
| Ma. Sophia Editha C. Cruz-Abrenica, Villaraza and Angangco Law Firm (Philippines) |
| On October 2022, the IPOPHL issued Guidelines on the Examination of Biotechnological Applications (“Guidelines”). The Guidelines cover inventions pertaining to Microorganisms, Nucleic Acid and Polypeptides, Antibodies, Stem Cells and Plants and … |
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| Thailand: Destruction of IP Infringing Goods |
| Praewpan Hinchiranan and Thaniya Anuchitolarn, Lexel IP Co., Ltd. (Thailand) |
| The Department of Intellectual Property held an annual destruction ceremony of intellectual property infringing goods on 31 August 2023 at the Army Air Defense Command. The participants in the destruction ceremony to witness the destruction of infringing … |
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| Key Points in the Newly-Issued Decree No. 65 regarding Industrial Property |
| Tran Dieu Linh and Nguyen Thi Thu Ha, Vision & Associates (Vietnam) |
| Introduction The long-awaited Decree detailing and guiding certain articles of the Amended IP Law 2022, which took effect on 1 January 2023, finally became official on 23 August 2023. Key points Decree No. 65/2023/ND-CP (“Decree No. 65”) … |
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