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Managing IP’s Asia-Pacific Special Focus 2022 launched

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Managing IP has partnered with IP leaders from across the Asia-Pacific region to analyse recent court cases and analyse incoming regulations in India, Korea, and Japan

Click here to read the full Asia-Pacific Special Focus 2022.

First, our writers from Anand and Anand explore the significance of a recent ruling concerning trademark protection of film titles and assess the tests used to establish the copyrightability of characters.

In the case Sholay Media Entertainment & Anr. v Yogesh Patel & Ors., the Delhi High Court held that “certain films cross the boundaries of just being ordinary words and the title of the film ‘SHOLAY’ is one of them”. In other words, movie titles are entitled to trademark protection, providing they have achieved a secondary meaning.

Next the authors from FirstLaw P.C. analyse the impact of a ruling from the Supreme Court of Korea on the inventiveness standards for certain inventions, which is encouraging for pharmaceutical patentees.

In 2021, the Court departed from precedent in holding that, to determine the inventiveness of a selection invention, the difficulty to conceive the selection invention should first be examined. If difficulty cannot be shown, the inventiveness of the selection invention may then be assessed based on the existence of a remarkable effect of the selection invention.

In March 2022, the Court went further and upheld the inventiveness of a specific crystalline form invention without requiring corroboration of the presence of a remarkable effect of the crystalline form invention. The approach adopted by the Supreme Court is a promising sign for patentees in Korea, especially those in the pharmaceutical industry.

Finally, our contributor from Shiga International Patent Office (JPO) explains why the Japan Patent Office has introduced restrictions on multi-multi claims, and offers advice to domestic and overseas patent applicants.

The JPO intends to enhance global harmonisation and reduce the burden of examinations and monitoring by third parties. For both overseas and Japanese applicants, it is important to be aware of the regulations and take measures to avoid unnecessary costs and obtain a patent efficiently.

Click here to read the full Asia-Pacific Special Focus 2022.

more from across site and ros bottom lb

More from across our site

The IPO must change its approach and communicate with IP owners about its attempts at clearing up the trademark register
Counsel are looking at enforceability, business needs and cost savings when filing for patents overseas
James Perkins, member at Cole Schotz in Texas, reveals how smaller tech companies can protect themselves when dealing with larger players
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The EUIPO management board must provide the Council of the EU with a performance assessment before it can remove the executive director
The European Commission confirmed that plans for a unitary SPC will be published in April alongside reforms to the SEP system
The court held that SEP implementers could be injuncted or directed to pay royalties before trial if they are deemed to be unwilling licensees
Patentees should feel cautious optimism over the EPO Enlarged Board of Appeal’s decision in G2/21, say European patent attorneys
Significant changes to the standard of law are unlikely, say sources, who note that some justices seemed sceptical that the parties disagreed on the legal standard
Sources say the High Court of Australia’s ruling that reputation is immaterial in trademark infringement cases could stop famous brands from muscling out smaller players