| Is there any fraud in the process of acquiring the trademark? |
| Yukihiro Terazawa, Morrison & Foerster Law Office (Japan) |
| Introduction: Under Section 4-1-7 of the Japanese Trademark Law (the “Law”), a trademark likely to negatively affect Japanese public policy may not be registered and may be invalid under Section 46-1 of the Law, even though such a mark could have … |
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| Can You Own a Name on the Map? |
| Ayesha Guhathakurta, Essenese Obhan, Obhan and Associates (India) |
| Be it Napa Valley wine or Swiss chocolate, geographical names carry a unique charm and market value. However, when it comes to trademarking them, the rules are not as straightforward as slapping a label on a product. Some names are fair game, while others … |
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| Recommendations for a provisional refusal against an international trademark application designating Thailand under Madrid |
| Hathaichanok Limpattanakul, Ananda Intellectual Property (Thailand) |
| Provisional refusals against international trademark registration under the Madrid System designating Thailand are very frequent. The below article aims at providing guidance on how to deal with these refusals. As a starting point, an applicant receiving … |
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| What is in a shoe? Finding Art in Birkenstock Sandals |
| Afzal Badr Khan, S. Majumdar & Co. (India) |
| In February 2025, Germany’s Federal Court of Justice rejected the contention of Birkenstock that its sandals qualified as ‘works of art’ and were, as such protectable under the Copyright Law.[1] The Court had held that for copyright protection to … |
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| Recent Trends in Taiwan’s Patent Law Amendments: Towards Enhanced Design Protection and Rights Clarity |
| Chia-Wen (Justin) Chao – ALIPO-Asia Liuh Intellectual Property Office (Taiwan) |
| Taiwan’s patent system is undergoing significant transformation, driven by the rapid evolution of technology and the need to align more closely with international standards. In November 2024, the Taiwan Intellectual Property Office (TIPO) released a … |
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| The Use of Marks on Mobile Applications: Significant Court Decisions in South Korea |
| Jingil Jeong – LAWYUL Patent & Law Firm (Republic of Korea) |
| The key issue addressed in these trial cases is whether the use of a trademark in a smartphone application can be recognized as a source identifier, both in terms of trademark infringement and a non-use cancellation trial, and if so, for which goods or … |
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| Recent Amendments by KIPO to the Examination Order and Commencement Deadline |
| Daehyoung Lee – Bae, Kim & Lee IP (Republic of Korea) |
| The Korean Intellectual Property Office (KIPO) has recently enacted amendments to the Regulations on the Handling of Examination Affairs for Patents and Utility Models (hereinafter referred to as the “Regulations”). These amendments pertain specifically … |
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| Key Developments in the Thai Patent Draft Act and Fast Track Programs for Design Patents |
| Radeemada Mungkarndee and Chutikarn Jaengphop – Lexel IP (Thailand) |
| The current draft Thai Patent Act (the “Draft”) introduces significant revisions for design patents. Some of these revisions aim to align with the Hague Agreement Concerning the International Registration of Industrial Designs (the “Hague Agreement”). … |
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