| Australian Government claim for pharmaceutical damages reaches High Court |
| Katrina Crooks – Spruson & Ferguson Lawyers (Australia) |
| On 11 December 2024, the High Court delivered judgment in Commonwealth of Australia v Sanofi [2024] HCA 47. The case concerned the Australian Government’s claim for damages arising from delayed generic entry following the grant of an interlocutory … |
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| Proposed Updates to the Australian Designs System |
| Davin Merritt – Phillips Ormonde Fitzpatrick (Australia) |
| In mid-2023, IP Australia sought public comments on proposals to expand the Australian registered designs system to allow for the protection of virtual designs, partial designs and incremental designs. Thirty-six (36) submissions were received by IP … |
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| India – Well Known Trademarks – Recent Trends and Case Law |
| Suhrita Majumdar – S. Majumdar & Co. (India) |
| The significance of well-known trademarks in India today is both profound and multifaceted, impacting the legal, commercial, and consumer landscapes. The concept is important as it offers a high level of protection that extends even beyond the specific … |
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| Information Disclosure in India Regarding Foreign Patent Applications – New Rules On Compliance and Time-lines |
| Dominic Alvares – S. Majumdar & Co. (India) |
| The recent amendment to the Patents Rules in India, namely, the Patents (Amendment) Rules, 2024 notified on March 15, 2024 is largely an example of the law adapting to changes in information availability and access, particularly with respect to Section … |
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| Can Artificial Intelligence (AI) Be an Inventor? The Answer Is “No” in Korea |
| Syhoon Kim, Kim & Chang (The Republic of Korea) |
| The patent applications that indicate an Artificial Intelligence (AI) machine as an inventor were filed in a number of countries and their courts have made their decisions about whether the AI machine can be an inventor. In Republic of Korea, the Seoul … |
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| Defining Trademark Dilution: Landmark Korean Supreme Court Decision |
| Jiwoo JEONG, Lee & Ko IP (The Republic of Korea) |
| The Supreme Court of Korea has issued a landmark decision establishing a new judicial standard for trademark dilution under Article 34(1)(xi) of the Korean Trademark Act. The decision (Case No. 2020Hu11943) focuses on the potential for dilution of a well-known … |
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| How to resolve cross-border trademark infringement, The Sushi Zanmai (Go crazy about Sushi) Case |
| Nami Togawa, Seiwa Patent & Law (Japan) |
| This is a remarkable case regarding cross-border trademark infringement. The issue was whether the postingd by a Malaysian sushi restaurant “Sushi Zanmai” (defendant’s indication) on a website which contents was written in Japanese constitutes trademark … |
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| Revision of “Program for Deferred Substantive Examination of Invention Patent and Design Patent Applications” |
| Ronald C.Y. Tsai, Wideband IP Office (Taiwan) |
| The Taiwan Intellectual Property Office (referred to as “TIPO”) announced a revision of “Program for Deferred Substantive Examination of Invention Patent and Design Patent Applications” which will be coming into force from January 1, 2025. Compared … |
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| Brief introduction to Accelerated Examination Program for Re-examination |
| Alan Wang, HD Patent & Law office (Taiwan) |
| Unlike many other countries, Taiwan invention applications are subject to two examinations, namely examination and re-examination, before entering appeal stage for seeking remedies in response to a dissatisfactory result at TIPO. Some applicants may be … |
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