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| Issue No. 41, June 2024 |
| APAA e-Newsletter |
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| Korean Trademark Act: Acceptance of Letters of Consent and its Impact on Trademark Coexistence |
| Sang-Eun Shin, NAM IP Group (South Korea) |
| Background: Transition from Temporary Assignment to Letters of Consent In the past, the Korean Trademark Act did not accommodate Letters of Consent for trademark coexistence. This resulted in parties seeking for coexistence agreements to resort to alternative … |
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| Why “Nepal Tiger” But Not “Tibetan Tiger”? Distinctiveness in Trademarks Decided by the IP High Court of Japan |
| Takako Okada, Abe, Ikubo & Katayama (Japan) |
| Trademarks that consist solely of signs that commonly indicate characteristics such as the place of production or shape of goods are considered non-distinctive under Article 3(1)(iii) of the Japanese Trademark Act and are generally not registrable. … |
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| The Well-known Trade Mark Conundrum – Indian perspective |
| Manosij Mukherjee, Advocate, S. Majumdar & Co. (India) |
| Introduction The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which came into effect in 1995, requires that members protect well-known trademarks. However, even prior to 1995, the concept of well-known trade marks or cross … |
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| Allowability of Provisos in Patent Claims Under Australian Patent Law |
| Mike Zammit, Jon Wright – Spruson & Ferguson (Australia) |
| One reason for filing an amendment during prosecution of an Australian patent application to include a proviso (also referred to as a “disclaimer”, or a “negative claim” limitation) is typically for distinguishing an invention from the prior art … |
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| The Proposed Bill to Amend the Korean PTE System Automatically Discarded Upon the End of the National Assembly |
| Keum Nang Park – Lee & Ko (South Korea) |
| Background Korea’s current patent term extension (PTE) system allows multiple patents for the same pharmaceutical product to be eligible for PTE. Also, there is no additional restriction on the PTE duration other than the 5-year cap, which is implemented … |
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| Can a ‘Sanyasi’ or Monk Hold Copyright? |
| Essenese Obhan and Nathalia M Fenwick – Obhan and Associates (India) |
| The act of renunciation is ordinarily accompanied by a moral expectation of relinquishment of material possessions. However, the laws surrounding the rights of a renunciate, and the legal consequences of renunciation are undefined, and remain active, … |
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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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