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Mexico: Bill to regulate geographical indications

Today, the Mexican legal system does not regulate geographical indications (GIs). The sole protection in the Mexican legal system is provided by the Mexican Industrial Property Law (IPL), which in Article 90 subsection X prohibits the registration as a trade mark of a geographical denomination when it indicates the provenance of a product and may cause confusion regarding its origin. Title V also provides the rules for granting appellations of origin (AO) and for the authorization of their use.

Managing IP Correspondent, February 27 2014
Japan: Ministry’s convenience does not justify rejecting patent extension

Article 67-3(1)(iii) of the Patent Act provides that an application for patent term extension shall be rejected when the period for which the extension is requested exceeds the period during which the patented invention was unable to be practised. In this case, the issue was whether this case fell under this ground of rejection or not.

Managing IP Correspondent, February 27 2014
Indonesia: Copyright Law 2014 under scrutiny

Indonesia is waiting for the new Copyright Law to be declared by the government this year. There are at least 66 laws in the National Program of Legislation in 2014, including the Indonesian Copyright Law, that are scheduled to be reviewed by the parliament and then issued by the government during this year. The declaration of the new copyright law itself is significant to replace the existing law which is considered out of date and not in accordance with recent issues.

Managing IP Correspondent, February 27 2014
India: Interesting development on biosimilars

In a recent and interesting decision, the Delhi High Court has granted a decision in favour of Roche, temporarily restraining the marketing of Mylan and Biocon's biosimilar to Roche's Trastuzumab/Herceptin, to a limited extent.

Managing IP Correspondent, February 27 2014
Greece: When to grant a preliminary injunction

The first instance court of Athens has recently issued a judgment regarding a preliminary injunction, applying some interesting criteria for granting such injunctions.

Managing IP Correspondent, February 27 2014
Germany: Multiple complaints bring higher cost risk for defendant

In a nullity suit before the German Federal Patent Court (BPatG) and Federal Supreme Court (BGH) the court and attorney fees are calculated from a fictitious "value in dispute", which is determined by the court as the value of the patent upon filing of the suit plus the sum of damages accrued. As a matter of law, the losing party has to absorb the costs of the other party. If more than one nullity suit is independently brought forward against a patent, this results in a multiple cost risk for the patentee.

Managing IP Correspondent, February 27 2014

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