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Issue No. 9, September 2018APAA e-Newsletter


Will Actavis v Eli Lilly be applied in Australia?
Gavin Adkins, Griffith Hack (Australia)
In the recent decision of Davies v Lazer Safe Pty Ltd [2018] FCA 702 in the Federal Court of Australia, the applicant’s case for patent infringement failed because its proposed construction of the claims was “unrealistically broad”.

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The end of Australia’s innovation patent system?
Andrew Massie, Phillips Ormonde Fitzpatrick (Australia)
The Australian innovation patent system has been making headlines recently as a result of the Australian Government’s intention to abolish the system. This decision followed the general enquiry.

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No Monopoly in Common Names used as Trade Marks for the Whole Class of Goods except Particular Goods: Supreme Court Holds in Nandhini Deluxe
Sushant Singh, Sushant M Singh & Associates (India)
The Honourable Supreme Court of India on 26.07.2018 pronounced a landmark decision on the issue of a Proprietor of a registered trademark claiming monopoly over the whole class of goods…

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Revision of Japanese Patent Law
Tetsuhiro Horie, YKI Intellectual Property Attorneys (Japan)
A revision of the Japan Patent Law that came into effect on June 9, 2018 extends the grace period for obtaining an exception to lack of novelty due to involuntary disclosure of an invention, from the previous 6 months to 12 months.

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Pyrimidine Derivative Case, Grand Panel Decision of the IP High Court on April 13, 2018
Kunio Araki, Gotoh & Partners (Japan)
“An invention described in the publication” stipulated in the Patent Law Article 29(1)(iii) should be a concrete technical idea which can be extracted from the description of a publication…

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KIPO Expanding International Collaboration with Other IP Offices
John W. Chung, Y.P. Lee, Mock & Partners (Korea)
KIPO is moving toward collaboration with other IP Offices. KIPO’s recent pilot programs such as a PCT CS&E and a KIPO-USPTO CSP are examples of such movement.

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Trademark Protection in North Korea
Yong-jin Lee, WOOIN Patent & Law Firm (Korea)
[t]he relationship between the two Koreas…has dramatically improved in recent years…the South Korean government and private sector are engaging in research and exchanging information on the North’s intellectual property laws.

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FinTech Inventions to be Fast-tracked for Patent Grant in Singapore
Yvonne Tang, Drew and Napier LLC (Singapore)
On 26 April 2018…the Intellectual Property Office of Singapore (IPOS) launched a FinTech Fast Track (FTFT) initiative. Under this initiative, a FinTech patent can be granted in just 6 months.

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Recent Rulings of Taiwan Supreme Administrative Court and IP Court on Inventive Step
Albert W. H. Lee and Jamie C.C. Lu, Wideband IP Office (Taiwan)
The Taiwan IP Court…on remand…rendered a decision on May 31, 2018, in consideration of five amicus curiae and opinions of two parties and the Taiwan IP Office, on the issues of inventive step and others.

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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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