| Navigating Design Distinctiveness: Insights from Recent Australian Cases |
| Rodney Dabboussey – Spruson & Ferguson (Australia) |
| With one eye on IP Australia’s recommended substantial changes to Australian design practice, we take this opportunity to review two recent design cases considered before the Delegate of the Registrar of Australian Designs. … |
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| Recent Australian Federal Court Decision Clarifies That a Patentee Can Seek Both Damages and an Account of Profits |
| Chris Schlicht – Phillips Ormonde Fitzpatrick (Australia) |
| It is well understood that a patentee cannot receive both damages and an account of profits for the same act of infringement of its patent. A choice must be made. However, as happened in the recent decision of Australian Mud Company Pty Ltd v Globaltech … |
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| Korean Supreme Court’s rulings on meaning of “new substance” of medicine defined as inventions subject to extension of duration under permission |
| Hong-Joo Ahn – C&S Patent and Law Office (South Korea) |
| This article will introduce the Supreme Court decision that comprehensively considers the overall system and purpose of relevant laws, the regulation format and content of the relevant provisions based on the principle of faithfully interpreting the ‘active … |
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| Crackdown in South Korea on counterfeit products sold on online platforms using AI software |
| Eric (KeeWan) KOO – MUHANN Patent & Law Firm (South Korea) |
| By assisting in the identification of counterfeit products being sold on online platforms, AI software utilizing advanced technology and data analysis is playing an important role and will continue to play an important role in preventing intellectual … |
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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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| General understanding on AI and copyright in Japan |
| AOKI Shujiro, SEIWA PATENT & LAW (Japan) |
| Introduction The Legal Subcommittee under the Copyright Subdivision of the Cultural Council for Cultural Affairs (hereinafter referred to as “the committee”) published a report on the general understanding of AI and copyright in Japan (hereinafter … |
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| Trademark Infringement in the context of keyword advertising |
| Foo Maw Jiun, Rodyk IP (Singapore) |
| In online advertising, keyword advertising is a common and effective tool. Typically, keyword advertising involves an advertiser paying (usually a search engine, e.g. Google) to have its advertisement or a link to its webpage appear in the results listing … |
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| The doctrine of equivalents in patent infringement cases |
| Atty. Dennis Gorecho, Sapalo Velez Bundang Bulilan Law Offices (Philippines) |
| The exercise of the intellectual property rights of patent holders is limited to the claims of their patent under the Doctrine of Equivalents. This was declared by the Supreme Court in the case of Philips Seafood Phil. Corp. Vs. Tuna Processors, Inc. … |
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| Guarding Your Moves – Registered Trademark Protection for Poses |
| Oh Pin-Ping – Partner, Randy Hong – Associate, Bird & Bird ATMD LLP (Singapore) |
| In the recent Paris 2024 Olympic Games, Yusuf Dikec, a Turkish sport shooter, attracted much attention for his casual attire, minimal equipment and seemingly nonchalant one hand in pocket pose when participating in the 10-metre air pistol mixed team event, … |
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