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Issue No. 48, August 2025
APAA e-Newsletter
 

Trustee’s ‘Inherited Financial Circumstances’ Insufficient to Justify Extension of Time Request in Australia
Helen McFadzean & Dr Winney Yang – Phillips Ormonde Fitzpatrick (Australia)
To invoke the restoration provisions, applicants must demonstrate a clear causal connection between a force majeure event and the failure to meet the relevant deadline. It is important to show that all relevant people had a genuine intention to act …

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Introduction of New Licensing System for Orphan Works Under Japanese Copyright Law
Yukihiro Terazawa – Morrison & Foerster LLP (Japan)
The New System seems more user-friendly than the Existing System, but there are some disadvantages for a licensee.  First, the license may be cancelled by the copyright owner upon their request.  Second, a licensee is required to file a request for …

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Taiwan Introduces Pilot Program for Accelerated Patent Examination for Female Inventors
Mike C.C. Huang – Wideband IP Office (Taiwan)
To promote gender equality in innovation and intellectual property, the Taiwan Intellectual Property Office (TIPO) has introduced a new initiative – the Fast-Track Patent Examination Program for Female Inventors (pilot AEP). Starting July 1, 2025, this …

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Roadblocks Remain for Design Protection of Graphical User Interfaces in Australia
Robert Munro and Linda Govenlock – Allens Patent & Trade Mark Attorneys (Australia)
IP Australia has affirmed its position that Graphical User Interfaces (GUIs) do not provide visual features for a design under the current legislation and IP Australia’s practice guidelines, as products are to be reviewed ‘at rest’. The Federal Government …

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SEP Litigation Tight Rope: Indian Courts Find Balance Between SEP Holders & Implementors Like No Other Court in the World
M.S Bharath and Aaryyan Aathreya, KRIA Law (India)
Patent Courts in the US, UK and EU have generally been cautious about granting interlocutory orders in Standard Essential Patent (“SEP”) cases against implementer(s). This reluctance understandably stems from the inherent complexity in the nature …

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Unpacking Under Armour: How the Delhi High Court Redefined Trademark Confusion
Essenese Obhan and Mehak Dhingra, Obhan & Associates (India)
Does early-stage confusion matter, even if customers figure it out before purchase? This was the central question before the Delhi High Court, in Under Armour Inc. v. Anish Agarwal & Anr. (“Under Armour”). This decision has particular implications …

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The Disposal of IP Assets and its Tax Implications – the Court of Appeal decides in Keysight Technologies Malaysia Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri [2025] 1 CLJ 883
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia)
In a rare appellate decision which takes a look at the intersection between tax and intellectual property, the Court of Appeal has held that gains arising from the disposal of intellectual property rights constitute capital gains and are therefore not …

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Alternative Dispute Resolution in Intellectual Property by DIP
Dr. Pollawat Suppattarasaet, ILAWASIA Co., Ltd. (Thailand)
In an era of rapidly advancing technology, negotiation and mediation have become crucial components of modern business operations, as well as effective tools for resolving disputes. This has led many developed countries to adopt Alternative Dispute Resolution …

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Amendment to the Enforcement Rules of the Korean Patent Act – Effective July 11, 2025
John W. Chung, Y.P.Lee, Mock & Partners (South Korea)
The Korean Intellectual Property Office (KIPO) has implemented partial amendments to the Enforcement Rules of the Patent Act and the Utility Model Act, which took effect from July 11, 2025. These amendments introduce two key procedural updates: an extension …

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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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