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.
