Expert Analysis

Anna Maria Lagerqvist, Thomas Ernby and Björn Pettersson of Valea explain what effect the new Patents and Market Courts Proposal will have on the judicial review process of IP cases

The Midwest

India has long been a jurisdiction filled with opportunity and challenges. While many rights holders seem to have grown increasingly pessimistic in light of some controversial decisions in the past few years especially in patent-related matters, this year may be the start of a change. The election of a new Prime Minister, one who rode a reputation as a business-savvy leader to victory, is one oft-cited reason. Furthermore, several patent decisions in the past year, such as the Aloys Wobben case, have been hailed by some as good decisions that make it easier for patent holders to protect their rights.

Vishwas H Devaiah, associate professor at Jindal Global Law School and executive director of the Centre for Intellectual Property Rights Studies, talks to Managing IP about the continuing evolution of India’s patent policies, and why compulsory licensing plans may not be the setback that most rights holders have envisioned

Prathiba M Singh, Senior Advocate, sifts through statistics to offer an analysis of how India’s IP system is faring, particularly when it comes to the treatment of domestic and foreign IP owners

Jing He and Bing Cheng of AnJie give an overview of recent issues affecting IP policy in China, which seem to indicate a move to greater transparency and freedom for the judiciary