Asia-Pacific

Amid the coronavirus pandemic, pioneering pharmaceutical makers, research institutes, and universities are working in collaboration to develop novel antiviral drugs that are small compounds and vaccines. Although most inventions produced this year will be disclosed when their patent applications are published next year, the inventions being developed before this pandemic have already been disclosed.

The Fourth Industrial Revolution along with the spread of the IoT means that SEP licensing negotiations are expected to be held more often between SEP holders in the information and communication technology field and business entities in industries other than the telecommunications industry, especially multi-component products industries such as automobiles, game machines etc. However, risks involving SEP licensing negotiations and disputes have been increasing significantly because licensing negotiation practices and market views on royalties are very different between the above business entities and SEP holders. Being aware of such issues, the Ministry of Economy, Trade and Industry (METI) published the Guide to Fair Value Calculation of Standard Essential Patents for Multi-Component Products (the basic concept) on April 21 2020. The basic concept has been formulated based on the report (dated March 31 2020) of the Study Group on Fair Value Calculation of Standard Essential Patents for Multi-Component Products (report), commissioned by the Policy Planning and Coordination Division, Manufacturing Industries Bureau, the METI.

In a decision published on June 26 2020, the Indonesian Supreme Court affirmed a lower court’s ruling against a celebrity who sought to acquire prior rights to a disputed mark and then cancel a competitor’s trademark. The decision demonstrates some limit on the jurisdiction’s first-to-file position, which has historically been strictly applied and enforced both by courts and by the Indonesian IP Office. The Supreme Court also upheld the cancellation of some of the celebrity’s trademarks due to his previous work for the defendant as a brand ambassador, serving as a cautionary tale to potential bad faith plaintiffs.

Track and trace smartphone applications used in the fight against COVID-19 are representative of a relatively new industry falling between the healthcare, IT, medical devices and pharmaceutical sectors.

Mānuka is the Māori name for the Leptospermum scoparium, a species of flowering plant in the myrtle family, Myrtaceae. Mānuka nectar is renowned for producing 'liquid gold', a pure honey possessing unique medicinal and antibacterial qualities.

As of October 1 2019, the Tokyo District Court and the Osaka District Court started operating a new practice for mediation concerning IP rights (IP mediation). IP mediation is designed to solve disputes over IP rights in a simple and speedy way by obtaining opinions on the dispute, in principle, by the third mediation date, from the mediation committee composed of the judge of the IP division and experts such as lawyers and patent attorneys with vast experience in dealing with IP cases. IP mediation is a judicial service providing the third dispute resolution tool within the framework of existing laws. It is unique and different from litigation and provisional disposition.