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Issue No. 39, February 2024 |
APAA e-Newsletter |
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Science, Art and Law relating to Smell |
Pravin Anand, Anand and Anand (India) |
The Law Relating to Smell Marks Colours and sounds create vibrations, while touch, smell and taste interact with molecules outside the body to create sensations in the brain. Smell is thought to be the most ancient sense which takes the shortest … |
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Bad Faith Filing in Vietnam under the Amended IP Law 2022 and Bylaws |
Tran Dieu Linh, Vision & Associates (Vietnam) |
Before the enactment of the Amended IP Law 2022, which took effect on 1 January 2023, the concept of bad faith in trademark applications was not defined in any regulations. This gap posed certain challenges for ‘actual’ trademark holders, especially … |
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How to Ban Imitation of Color/Configuration of the Goods |
Nami Togawa, Seiwa Patent&Law (Japan) |
Counterfeit products may sometimes imitate the packaging of products, in particular, the color and shape of products. Such products are often manufactured and sold by changing the main brand trademark (word/device mark) to a different trademark to avoid … |
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Decreasing of Subjects for Expedited Examination and Delay in Examination for Patent Applications in Korea |
Jongsun Kim, KLP IP Firm (Korea) |
According to the Patent Act of the Republic of Korea, the applicant should request substantive examination in a separate process from filing a patent application. Failure to file a Request for Examination of a patent application with the Korean Intellectual … |
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Repair Clause Controversy in Taiwan Remains Unresolved |
Mike C. C. Huang, Wideband IP Office (Taiwan) |
In the dynamic landscape of Taiwan’s automotive parts industry, a recent design patent infringement case involving car headlights has not only ignited a debate over the ‘Repair Clause’ but also cast a shadow over the future of the entire … |
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Indian High Court Clarifies Law Relating to Divisional Applications |
Vaibhav Vutts, Vutts & Associates LLP (India) |
In a decision with a far-reaching effect, the Division Bench of the Delhi High Court (“Court”) in Syngenta Ltd. vs. Controller of Patents & Designs 2023:DHC:7473-Court has clarified that for maintaining a divisional application, a plurality of … |
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