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Issue No. 47, June 2025
APAA e-Newsletter
 

Effective Examiner Interview Strategies for Patent Acquisition Under the Focused Examination System in Korea
Suk-Hoon Kang – HANYANG International Patent And Law Firm (Republic of Korea)
In recent years, the Korean Intellectual Property Office (KIPO) has implemented various institutional reforms to improve examination efficiency and quality. Central to these are systems such as the ‘Focused Examination Program’ and the ‘Amendment Review …

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Commonwealth of Australia v Sanofi: Lessons for the Commonwealth and Generic Pharmaceutical Manufacturers When Seeking a Claim to Damages
Vanessa Yeung – MBIP (Australia)
A recent High Court decision, the case of Commonwealth of Australia v Sanofi [2024] HCA 47, has been pivotal in that the issue of damages that can be recovered and its associated burden of proof was discussed in the context of a wrongly granted interlocutory …

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Use Of Prophetic Examples In Patent Specifications in Australia
Mike Zammit (PhD) and Edward Marschall (PhD) – Spruson & Ferguson | Duncan Longstaff – Spruson & Ferguson Lawyers (Australia)
In academic circles, and in most contexts, making up data is considered fraudulent or misleading and is generally frowned upon. However, this is not the case with patent applications in Australia, where it is perfectly acceptable to supply predictive …

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Taiwan Advances Patent Reform and Global Harmonization
Rich Lee- Cohorizon IP (Taiwan)
Taiwan’s patent system has entered a new phase of modernization, with key procedural upgrades already in force and further legislative amendments under review. These efforts reflect Taiwan’s growing emphasis on aligning with international IP standards …

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An Uber finding on the Royal Challenge?
Afzal Badr Khan and Ms. Suhrita Majumdar, S. Majumdar & Co. (India)
Earlier this year, two franchisees of the blockbuster cricket tournament, i.e. the Indian Premier League (IPL), fielded their contest before an unlikely forum – the Delhi High Court. The Royal Challengers Bengaluru (RCB) challenged an advertisement …

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2025 Updates: Accelerated Examination for Design Application in Japan
Keisuke Soeda, Kyowa Patent and Law Office (Japan)
Introduction: Accelerated Examination for Design Applications The JPO introduced accelerated examination procedures for design applications on December 15, 1987 (See generally “Outline of Accelerated Examination/Accelerated Appeal Examination System …

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Navigating the Impact of U.S. Tariff Increases on Thai Intellectual Property Rights: Practical Tips for IP Practitioners
Franck Fougere, Ananda Intellectual Property (Thailand)
The recent intensification of U.S. tariffs—particularly those aimed at Chinese-origin goods—has disrupted global trade dynamics and inadvertently impacted the ecosystem of intellectual property rights (IPR) enforcement. For Thailand, a country strategically …

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The Fine Line of 3D Shape Protection: Avoiding Overreach
Nont Horayangura, Metas Sansuk, Burin Saekow, Baker McKenzie (Thailand)
In Thailand, functional or common product shapes cannot be sought for protection as a trademark unless they have acquired secondary meaning. In a recent court decision, the Intellectual Property and International Trade Court (IPIT Court) upheld that the …

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Up to 5x Damages Now Available for Willful Trademark and Design Infringement in Korea
Hyoseon Choi – Kwanggaeto Patent Law Office (Republic of Korea)
South Korea is significantly strengthening its intellectual property (IP) protection through the expansion of its enhanced damages system, often referred to as punitive damages, for willful IP infringement. This initiative aims to deter deliberate violations …

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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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