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    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
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    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 The declaration of the new copyright law itself is significant to replace the existing law which is considered out of date and not in accordance with recent issues.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
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    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
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    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
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    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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    Europe: Opting out under the UPC: which law applies?
    When the new European Unified Patent Court (UPC) is established, it will – for those countries that have ratified the UPC Agreement – have jurisdiction not only over new European unitary patents, but also over European patents granted by the EPO for which no unitary effect has been registered. However, during a transitional period (initially seven years) it is possible for owners of such non-unitary European patents to opt out from this regime (Article 83 UPC Agreement).
    Managing IP Correspondent, February 27 2014
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    France: Ownership claim and statute-barred period
    The French Cour de Cassation (highest court) ruled on January 7 2014 in a case related to an ownership claim and statute-barred period.
    Managing IP Correspondent, February 27 2014
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    EPO: EPO fee reductions and refunds
    The Administrative Council of the EPO has recently announced two changes to the EPC implementing regulations (Rules), concerning fee reductions and fee refunds.
    Managing IP Correspondent, February 27 2014
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    China trade marks: Implementation of revised Trade Mark Law
    On May 1 2014, revisions to the PRC Trade Mark Law will enter into effect, and Chinese authorities have begun issuing draft rules and judicial guidelines that will be used by the Trade Mark Office (TMO), Trade Mark Review and Adjudication Board (TRAB) and Beijing courts to apply the revised law. While work on these rules is by no means finished, their contents give valuable insights as to the likely direction on key questions, including:
    Managing IP Correspondent, February 27 2014
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    China Patent: Standards and patents policy finally issued
    The final version of the Regulatory Measures on National Standards Involving Patents (Interim) has been released by the Standardisation Administration Commission (SAC) and the State Intellectual Property Office (SIPO) and took effect on January 1 2014.
    Managing IP Correspondent, February 27 2014
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