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  • The Malaysian Intellectual Property Office (MyIPO) has not, until now, allowed a third party to inspect and obtain copies of any documents other than the granted patent specification, unless the patent owner gives written consent. This is despite the provisions in sections 33 and 34(1) of the Patents Act, which allow any party to inspect and obtain extracts of granted patent files. The position taken by MyIPO is that any communication between the applicant and MyIPO, other than the granted specification, should remain confidential, even after grant of the patent.
  • A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449
  • Haier, the Qingdao-based appliance maker, certainly has ambition. While many domestic rivals focus their efforts on supplying China's 1.2 billion home-grown market and others manufacture products to be sold overseas under foreign trade marks, Haier has been rapidly building its brand in China and abroad and has set its sights on becoming one of the top three white goods companies in the world. Emma Barraclough spoke to legal affairs director Su Xiaoxi
  • Stéphanie Bodoni, London
  • The South African Patents Act has been amended to ensure that indigenous communities are adequately compensated when an invention that is sought to be patented in South Africa is derived from biological or genetic resources or traditional knowledge from South Africa.
  • Following a period of calm, Russian law has again made a slight move towards better protection of the owners of IP rights. The major changes in the IP-specific laws were made in late 2002/early 2003. Since then, amendments have occasionally been made to the non-specific laws, such as the Criminal Code.
  • Patented inventions in Ireland provide a large source of revenue in the pharmaceutical and technology industries. Ireland's tax exemption in respect of certain patent royalties has been one of the driving factors behind investment by multinationals, principally from the US, in the Irish economy. After much recent speculation about the possible removal of the Irish patent exemption from the Irish statute books, in a welcome development, the Irish government in its recent budget retained the tax incentive for companies creating patentable intellectual property in Ireland. In this month's piece we give an overview of the main provisions of the exemption.
  • With the publication of mailbox patent applications in the Official Gazette, a fierce battle has erupted between Indian and multinational pharmaceutical companies. According to media reports, Indian drug companies including Cipla, Ranbaxy and Cadila have filed around 45 pre-grant oppositions in the form of representations with the Controller of Patents. Major targets include Novartis' anti-asthma molecule, Pfizer's new controlled use of a known molecule and Scherring's formulation for PEG Interferon Alpha conjugates.
  • Legislative changes coupled with recent court decisions have established dilution as viable grounds for opposition across Latin America. But, say Iris Quadrio and Menachem Kaplan, there is still some way to go before the region fully embraces the doctrine
  • Under the European Patent Convention (EPC) divisional applications can be filed. Cascading divisional applications are also allowed. The divisional application must be filed within the time period set out in Rule 25, that is at the latest on the day before grant or rejection (unless the appeal is successful) of the previous (generation divisional) application. Further, although the EPC does not intend to allow it, there is no provision against double patenting.