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China patent: China begins to establish state-level Patent Appellate Court

On October 26 2018, the Sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China passed the "Decision of the Standing Committee of the National People's Congress on Several Issues Concerning the Proceedings of Intellectual Property Rights and Other Intellectual Property Cases" (hereinafter referred to as the Decision), which made major adjustments to the current appeal mechanism for cases concerning patents and technical secrets. The Decision will take effect on January 1 2019. It will definitely have a significant and far-reaching impact on the trials of China's burgeoning number of technical cases.

Managing IP Correspondent, November 23 2018
China trade mark: IP protection is enhanced for e-commerce in China

The e-commerce market in China is one of the fastest growing in the world. The boom in Chinese e-commerce has been dramatic and exponential. During the Chinese annual Singles Day shopping frenzy in 2018, the world's biggest 24-hour shopping event, Chinese e-commerce giant Alibaba hit a record US$30.7 billion in orders.

Managing IP Correspondent, November 23 2018
Germany: CJEU rules on SPCs for combination products

We recently reported on the opinion of the advocate general (AG) in the case CJEU (C-121/17) concerning supplementary protection certificates (SPC) and the question of when a product, which is not explicitly mentioned in the basic patent, is protected by the basic patent, according to Article 3 (a) of Regulation (EC) No 496/2009. While it has been clarified that infringement rules cannot be applied, it is still not clear which test should be used for assessing the requirement of Article 3(a). Recently, the CJEU issued a judgment on this case which interestingly differs on this point from the opinion of the AG.

Managing IP Correspondent, November 23 2018
Greece: Court rules combination product is inventive

A defendant in preliminary injunction proceedings heard before a Greek court, relating to the infringement of a pharmaceutical patent, may raise an objection to the patent's validity. This option is not free from difficulties as the Greek court, which has jurisdiction to grant an injunction, is not a specialised IP court which has jurisdiction to try the same case in ordinary proceedings, but a court having general jurisdiction on civil and commercial matters.

Managing IP Correspondent, November 23 2018
Japan: Analysing the PD-1 antibody patent litigation

The PD-1 antibody patent litigation, globally filed in Japan, the United States and Europe, came to an end with a settlement.

Managing IP Correspondent, November 23 2018
Malaysia: How does competition law interact with IP rights?

The Malaysian Competition Act 2010 (CA) which has been in force for the last six years prohibits anti-competitive and abusive practices which would have an effect on competition in any market in Malaysia, irrespective of whether the commercial activity was carried out within or outside Malaysia.

Managing IP Correspondent, November 23 2018

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