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| Issue No. 52, April 2026 |
| APAA e-Newsletter |
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| Case Review: “Essential Part” of Design for Determining Similarity |
| Mana Oishi, KBK & Associates (Japan) |
| Introduction Determining similarity of designs, for example, of a registered design and another design, is often the most difficult and crucial matter of design infringement cases. Regarding the similarity of designs, Article 24(2) of the Japanese Design … |
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| The SHANTI Act, 2025 and the Transformation of Nuclear IP Law in India |
| Vikrant Rana, S.S.Rana & Co., (India) |
| I. Introduction For over six decades, Section 4 of the Patents Act, 1970 imposed an absolute bar on nuclear patents in India.[1], The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (the “SHANTI Act”), … |
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| G4S Victory: India’s Supreme Court Ends Business Name Hijacking |
| Mehak Dhingra and Yogita Rathore, Obhan Mason (India) |
| Choosing a suitable trademark is not easy. Coining unique words, or creating marks derived from the business itself are some techniques. Sometimes, it is tempting to just scour the market and slightly tweak a name that is already popular in the same field. … |
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| Patentability of Computer Implemented Inventions in Australia: Court Finding Results in New Examination Framework |
| Ayesha Lee, Spruson & Ferguson (Australia) |
| A long-running series of Australian court proceedings on the patentability of Computer Implemented Inventions (CIIs) recently came to an end. This has resulted in a new framework for the examination of CIIs at the Australian Patent Office (APO). The invention … |
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| Overview of the Latest Supreme Court Decision Pertaining to the Scope of Rights for Registered Designs in Republic of Korea |
| Eric (KeeWan) Koo – MUHANN Patent and Law Firm (Republic of Korea) |
| In this case, a petition was filed for a negative scope confirmation trial to confirm the scope of a registered design right with the Intellectual Property Trial and Appeal Board (IPTAB), asserting that a potentially infringing design does not fall within … |
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| A New Era of Patent Enforcement in Republic of Korea: Stronger Protection and Heavier Penalties |
| Jongsun Kim – KLP IP FIRM (Republic of Korea) |
| The South Korean intellectual property landscape is undergoing a monumental shift. Recent legislative amendments have significantly raised the stakes for patent infringement, signalling the government’s firm commitment to transforming Korea into a “high-protection” … |
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| Thai TMO’s Expanding Fast-Track Routes: Strategic Speed for National Trademark Filings |
| Padcha Ritkasem and Ariya Porchit – Domnern Somgiat & Boonma (Thailand) |
| The Madrid System has long offered foreign applicants distinct advantages, including centralized management, simplified administration, and a traditionally predictable examination timeline. Consequently, a significant number of foreign applicants have … |
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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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