| IP High Court Decision Upholding Invalidation of Handbag Design Containing Famous Cadena Trademark |
| Mihoko Masaki, ONDA TECHNO Intl. Patent Attys. (Japan) |
| Introduction The Japanese Design Law does not allow the registration of designs that are likely to cause confusion with the business of others [Design Act Article 5 (ii)], even if they satisfy the other registration requirements such as novelty and creativity … |
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| Korea’s Supreme Court rules that antiquated terms can be recognized as trademarks |
| Young Joo Song and Somi Lim, KAI IP Law LLC Korea (South Korea) |
| The Korean Supreme Court has ruled that an old common noun, previously used as the name of a beverage, can be registered as a trademark. Case Background The Supreme Court upheld the Patent Court’s decision in favor of the registrant who sought to … |
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| First Case Awarding Punitive Damages for Willful Infringement |
| Sun-Keun YOON, Kim & Chang (South Korea) |
| On October 4, 2023, the Busan District Court (Case No.: 2023-GaHap-42160) awarded punitive damages after finding the defendant willfully infringed the patentee’s patent. This was the first time a court awarded punitive damages since an amendment … |
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| Some respite from delays at the Intellectual Property Office Of Singapore (IPOS)? |
| Desmond Tan, FPA Patent Attorneys (Singapore) |
| Current Situation Singapore is often perceived as the Southeast Asian country with the most mature IP eco-system and laws. In addition, the IPOS is typically viewed as a well-run IP office and is regularly cited as the first International Search Authority … |
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| Accelerated Examination Process for Trademark Applications in Taiwan |
| Betty F.Y. Chu, Five Continents Law Office (Taiwan) |
| On May 24, 2023, Taiwan amended its Trademark Act, introducing a new provision for “accelerated examination” under Article 19, Paragraph 8. This amendment, effective from May 1, 2024, offers applicants an expedited pathway to obtain trademark … |
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| Rebutting inventive step rejections in Australia: use of the ‘relevant and understood’ criteria for prior art |
| Mike Zammit, Katrina Crooks and Jon Wright – Spruson & Ferguson (Australia) |
| The Intellectual Property Law Amendment (Raising the Bar) Act 2012 (Cth) (RTB Act) was introduced to overhaul Australia’s intellectual property (IP) system to bring it more into line with the IP systems of Australia’s major trading partners. The … |
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| The Amended Law Concerning Filing of Working Statement Requirement in India |
| Vilas Shetty – S. Majumdar & Co. (India) |
| The Rule relating to the Annual working statements for Patents was amended with effect from March 15, 2024 with no prior notice. The amended Rule was welcome by most stakeholders as amendments address the concerns of the stakeholders. The working statements … |
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| IPOPHL Issues Revised Rules on Patent Cooperation Treaty for the Philippines |
| MA. SOPHIA EDITHA C. CRUZ-ABRENICA – Villaraza & Angangco Law Firm (Philippines) |
| The Pro-PCT is promulgated in view of the policy of the Intellectual Property Office of the Philippines (IPOPHL) to streamline its administrative and examination procedure relative to PCT applications, and to align said procedures with updates in the … |
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