Embracing enforcement and examinations – Asia-Pacific IP Focus launched

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Embracing enforcement and examinations – Asia-Pacific IP Focus launched

editorial-adobestock-440916445.jpg

IP experts have come together in Asia-Pacific IP Focus to provide insight into IP developments for 2021 and beyond.

Managing IP’s 2021 Asia-Pacific IP Focus looks at a series of thought-provoking IP developments across China, India, Japan and South Korea, that have come to the forefront during the past few months.

Interaction with national patent offices is a seminal topic in this guide, as countries respond to the increasing use of enforcement and examinations, while contending with how to react to the changes under IP law.

In June 2021, China’s amended patent law came into force, with notable wider protection offered for designs. Through the use of case studies, the article by DEQI Intellectual Property explains how applicants can overcome office actions concerning substantive defects of design applications.

Arguments for inventive step in the Japan Patent Office examination can be categorised into five particular groups: fact finding, matter of design, motivation, obstructive factor and effect. If an applicant can persuade the examiner to accept any one of these arguments, the rejection of inventive step is overturned. Shiga International Patent Office’s article presents a statistical analysis of the effectiveness of such arguments in the examination.

The Indian Patent Office has often been seen to interpret Section 59 of the Indian Patent Act in a highly restrictive manner, thus raising barriers to amendment. The authors from Anand and Anand explore the limits of claim amendments in India and call for modification to the rules to reflect global standards.

Through a set of example cases, FirstLaw PC’s article outlines the investigation procedure that can be sought by IP holders against unfair international trade practices involving IP infringement through the Korea Trade Commission’s proceedings. Corrective measures, penalties and remedies for such infringement are cited in further detail.

As the investment climate bounces back in the Asia-Pacific, IP queries and research and development looks set to grow in the coming year. We hope that you enjoy hearing from the IP experts leading the progression in our Asia-Pacific IP Focus.

Prin Shasiharan

Senior commercial editor

Managing IP

Click here to read all the chapters from Asia-Pacific IP Focus 2021

more from across site and SHARED ros bottom lb

More from across our site

In-house counsel explain why firms should provide risk management advice that helps them achieve their goals
Attorneys at four firms explain the AI trends they expect in the future, including a potential shift in who plaintiffs sue for copyright infringement
The dispute at the Intellectual Property Enterprise Court pits Dryrobe against D-Robe and will include a ‘genericide’ element
Novo Nordisk losing patent rights covering Ozempic in Canada and a US Supreme Court decision favouring Ed Sheeran were also among the top talking points
The court will hand down its ruling in Iconix v Dream Pairs on Tuesday, June 24, in a case that concerns post-sale confusion
Developments included a stay in a row concerning the UPC’s jurisdiction and a timeline for the rollout of the long-awaited new CMS
Jorg Thomaier, who has been head of IP at the German pharma company since 2010, will leave later this year and hand the reins to the company’s head of patents
Companies must conduct thorough IP due diligence – even if it may not be mandatory
Celia Cheah at Wong & Partners in Malaysia says she is aiming to tap into the Baker McKenzie member firm’s international network and expand its IP portfolio
A team of partners that joined Boies Schiller Flexner say they would like to double the firm’s patent litigation capabilities
Gift this article