Issue No. 7, March 2018APAA e-Newsletter
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A New Era Has Begun! |
Patrick Y. Kim, President of APAA |
A 2018 welcome message from the President of APAA for all Members and Observers. |
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Recent Trends Relating to Articles to Which Designs are Aplied |
Tetsuya Fuse, Soei Patent & Law Firm (Japan) |
An approach that focuses on the use and function of articles has been strictly applied in Japanese design practice. This sometimes results in rights becoming ineffective due to the role of part of the configuration being different, despite the same configuration being used, and there are increasing calls for stronger protection for the creation of the configuration itself. |
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Expedited Right Acquisition for the Fourth Industrial Revolution in Korea |
Gyung Ho Seo, MAPS Intellectual Property Law Firm (Korea) |
It has become possible to get fast acquisition of Korean patent and design rights whose technologies relate to the Fourth Industrial Revolution, such as AI, IoT, 3D printing, autonomous vehicles and big data. |
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Admissibility of Documents Issued by Foreign Trade Mark Offices |
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia) |
This is the first time that the effect of Section 66 has been considered by the Malaysian courts. Until there is a decision to the contrary, this decision will likely encourage future litigants to adhere to the general law on evidence in determining whether materials are admissible as evidence, including documents issued by foreign Trade Mark Office. |
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Copyright Infringement Under the Second Limb of Section 36(1) Explained |
Wendy Lee Wan Chieh, Shook Lin & Bok (Malaysia) |
A recent decision sets down the test to determine how a party may be found to be liable for having caused another to commit an act of infringement under the second limb of Section 36(1), the first time the scope of the second limb of Section 36(1), has been considered by the Malaysian courts. |
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Starbucks Loses Trademark Claim Against Morinaga Milk |
Lim Siau Wen, Drew & Napier (Singapore) |
This decision is the first in Singapore to substantively consider Section 7(4)(b) of the TMA, including the applicable test. The decision underscores the difficulty of asserting rights in the layout and/or colour scheme of a trade mark, particularly when they are used in conjunction with a distinctive house mark. |
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New Guidelines on Inventive Step Examination of Invention Patent in Taiwan |
Lewis C.Y. Ho, Lewis & Davis Patent Attorneys Office (Taiwan) |
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Change to the Appeal Procedure in Vietnam |
Nguyen Thi Thu Ha, Vision & Associates (Vietnam) |
One of the key pieces of legislation for establishing IP rights in Vietnam sets forth in detail the requirements, processes and time frames for almost all procedures before the National Office of Intellectual Property of Vietnam (NOIP) concerning IP rights, from filing, registration, amendment, assignment, licensing to appeal against rejections. This key legislation has undergone several amendments over the years, with the most recent change taking effect from 15 January 2018. |
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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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