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  • Protection of test data is very relevant to quality protection and, therefore, health protection. In this regard, regulations securing the quality of pharmaceutical products have not evolved in Argentina as they have done in countries with better sanitary vigilance.
  • In a recent decision the Austrian Supreme Court decided a dispute between the trade mark owners of Oral B and Dr Best. Both companies produce toothbrushes. The dispute focused on the construction of the provision of the Austrian Trade Mark Act which corresponds to Article 12 of the Community Trade Mark Regulation, on limitations of the effects of a trade mark if use of a mark is necessary to indicate the intended purpose of the product, in particular as a spare part.
  • How many questions on the week's IP news can you answer?
  • While FICPI and other stakeholders have once again appealed to legislators to reconsider a variety of issues around the envisaged unified EU patent system, most observers have good reason to fear that the proposal, including a unified patent court, will be rushed through under the current Danish EU presidency.
  • A new dispute resolution proceeding for domain names named Syreli entered into force on November 21 2011. Then, on December 6 2011 the registration of .fr was extended to all persons located in the EU, Norway, Gibraltar, Iceland, Liechtenstein and Switzerland. New extensions have also been opened:
  • In Germany, a granted preliminary injunction may be revoked if a change in circumstances occurs after grant. In a recent decision the District Court in Düsseldorf decided on a case where a request for revocation of a preliminary injunction was filed based on the fact that the utility model (the subject of the injunction) had been partially cancelled by the German Patent and Trademark Office (GPTO).
  • Indian law allows a holder of IP rights, including patents, to prevent the import of infringing products through the mechanism established under the Intellectual Property Rights (Imported goods) Enforcement Rules, 2007, notified under the Customs Act, 1962. As per the Rules, clearance of goods suspected to infringe is suspended and once it is determined that the goods are infringing, they are confiscated, then seized and eventually destroyed or disposed of otherwise than in the normal course of trade.
  • Malaysia's Patents Act 1983 provides a different set of rules and requirements for the conferment of protection upon minor inventions: utility innovations. An advantage of utility innovations in contrast with regular patents is that they have a lower threshold for patentability.
  • A recent High Court decision, Interpharma (NZ) Limited v Commissioner of Patents, considered the question of whether a patent amendment after acceptance is open to judicial review.
  • There is new practice in Norway related to SPCs on combination products following recent Court of Justice decisions in Medeva and Georgetown University.
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