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High Standard of proof for internet publications

In a recent decision, the Austrian Patent Appeal Board had to decide whether an internet disclosure was proven to be published before the priority date of the patent in suit. In this decision, the Board clarified that disclosures on the internet certainly do belong to the prior art. However, in view of the volatility of disclosures published on the internet, there is high standard of proof for the party relying on the internet publication.

Managing IP Correspondent, August 28 2013
Further changes to Patents Act

The Australian Patent Office has introduced a further issues paper as a prelude to further amendments to the Patents Act 1990. Given previous practice, the proposed changes are likely to be introduced verbatim into the Act.

Managing IP Correspondent, August 28 2013
Who must protect test data?

As previously explained (Managing IP, September 2012), Argentine legislation regulating the protection of test data (Law 24.766 -Confidentiality Law, Executive Order 150/92 and Article 39.3 of the TRIPs Agreement) allows third-party reliance on information concerning the safety and efficacy of a product , reliance that is not authorised by the originator of the data.

Managing IP Correspondent, August 28 2013
Why IP owners should worry about bilateral treaties

Intellectual property seems to be on the negotiating table everywhere except Geneva. Emma Barraclough argues that the demise of multilateralism will cause long-term problems for IP owners, as approaches to everything from patent terms to trade mark registration are rewritten, treaty by treaty

Managing IP Correspondent, August 28 2013
Seven ways TRIPs is enhanced for pharmaceutical companies

Many free trade deals go beyond the provisions of the WTO’s TRIPs Agreement. Here are some of the obligations parties often sign up to that particularly affect pharmaceutical companies

Managing IP Correspondent, August 28 2013
How the Marrakesh Treaty was negotiated

Justin Hughes gives an insider’s account of the negotiations that led to the landmark Marrakesh Treaty, signed in June

Managing IP Correspondent, August 28 2013

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