Issue No. 5, September 2017APAA e-Newsletter
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Statistics on Patent Infringement Litigation |
Tetsuhiro Horie, YKI Patent Attorneys (Japan) |
This is a report on the statistics on patent infringement litigation in Japan from 2014 to 2016 provided by the Tokyo district court and the Osaka district court . |
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JAPAN-Trademark Infringement on the Internet |
Nami Togawa, Seiwa Patent & Law (Japan) |
Along with the development of the Internet and globalization, the issue of trademark infringement on the Internet becomes increasingly important in every country. In general, unauthorized use of trademarks on Internet webpages could be considered to constitute trademark infringement, similar to unauthorized use thereof on real shop signboards and advertisements. However, an issue may arise in the case where no trademark appears on the webpages. In such circumstances, does trade mark infringement arise? |
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En Banc Korean Supreme Court Decision – Claim Preamble Does Not Necessarily Mean Prior Art |
Jin Hwan KIM and Gyung Ho SEO, MAPS Intellectual Property Law Firm (Korea) |
The Korean Supreme Court rendered an en banc decision on January 19, 2017 (Supreme Court Decision No. 2013Hu37) directed to the issue of recognition of prior art. |
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Determination of Well-known Marks – Factors to Be Considered |
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia) |
Attempts to expunge the registration of marks which are confusingly similar to well- known marks are a common occurrence in many jurisdictions. However, unscrupulous traders often claim that the registration of such marks ought to be allowed |
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Amendment to Taiwan Patent Act for Grace Period |
Dr Joyce Ho and Ethan Wang, Tsar and Tsai Law Firm (Taiwan) |
The Taiwan Intellectual Property Office (TIPO) has drafted amendments to intellectual-property related Acts in order to join the Trans-Pacific Strategic Economic Partnership Agreement (TPP). One of the primary amendments is related to grace periods. Although the process of entering the TPP has been suspended, the amendment to the Patent Act regarding a grace period for patent filing has carried on. |
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Designed to be better – Changes to Singapore’s Registered Designs Regime |
Yvonne Tang, Drew and Napier LLC (Singapore) |
Singapore provides for protection of registered designs under the Registered Designs Act (Cap. 266) “RDA”, which came into force on 13 November 2000. An upcoming update to Singapore’s Registered Designs regime takes the form of legislative changes to the RDA. This would be the first significant amendment to the RDA since it came into effect. The Registered Designs (Amendment) Bill was introduced in Parliament on 3 April 2017. The Registered Designs (Amendment) Act 2017 (the “Amendment Act”) was subsequently passed by Parliament on 8 May 2017, assented to by the President on 7 June 2017, and is due to come into operation a few months later. |
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Of Moral Rights and Companies – Can a Company Have Moral Rights Under the Copyright Act 1987? |
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia) |
In Malaysia, an author has the right to be identified as the author of a work and to object to any distortion, mutilation or modification which significantly alters his work in a manner which might reasonably be regarded as adversely affecting his honour or reputation. |
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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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