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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.
  • Recently, the Treatment Action Campaign (TAC) has called on the South African government to revise the South African Patents Act to reduce the patent protection available to pharmaceutical inventions, which the organisation believes is responsible for the high cost of medicines and a delay in the availability of generic medicines. TAC refers to the Doha Declaration, which was signed by South Africa as a member of the World Trade Organisation, to support its call.
  • How many questions on the week's IP news can you answer?
  • Former USPTO commissioner for patents Robert Stoll has joined Drinker Biddle & Reath's IP practice in Washington DC. Stoll retired from the Office at the end of 2011 after 29 years with the Office. Margaret 'Peggy' Focarino was named the new commissioner for patents.
  • The most senior politician in the US government agency that gives Icann power over delegating new gTLDs said he may push for more trade mark protection measures in April 2012. Lawrence Strickling, assistant secretary at the National Telecommunications and Information Administration (NTIA), wrote to Icann in January to express his concerns about brands being unaware of existing protection measures.
  • Microsoft has launched two pioneering copyright lawsuits in China in an attempt to deal with the problem of rampant software piracy. The cases were filed against Shanghai Gome, a branch of one of China's largest retailers, and Beijing Chaoyang Buynow, a shopping mall in, respectively, Shanghai Huangpu District People's Court and Beijing No 2 Intermediate People's Court. Microsoft claimed that it had evidence of pirated copies of Microsoft Windows and Microsoft Office being pre-installed in computers sold by Shanghai Gome and by two of the retailers in the Buynow shopping mall. The filing against the Beijing shopping mall is the first time the principle of landlord liability has been applied to copyright infringement in China. If successful, it could lead to a series of similar cases. The US software company has had some notable successes in the last few years in its attempts to crack down on piracy, including sending 11 people to jail after a decision by a court in Shenzhen in January 2009 in a case that involved what the company called the biggest counterfeiting operation it had ever seen.
  • Rights holders will have powers to demand that ISPs in Ireland block websites accused of infringing copyright if the government amends legislation before the end of January
  • Amazon's controversial patent on the so-called one-click method of online shopping was granted in Canada just before Christmas, following a Federal Court of Appeal decision in November. An amendment to the patent application was filed at CIPO just under one month after the Federal Court of Appeal ruled that the patent should be re-examined using the guidance outlined in its decision. While the decision is good news for patenting business methods in Canada, some would have liked to see the Commissioner appeal to the Supreme Court to gain additional clarity about the Court of Appeal's decision. Because there was no additional office action, the Office's interpretation of the decision is unknown, and will remain so until new guidelines for examiners on business methods are issued, which is likely to be some time. The quick allowance of the patent suggests that the new commissioner, Sylvain Laporte, may differ significantly from former commissioner Mary Carman on business method patents.
  • In December Universal Music lost a key decision against Veoh, with the Ninth Circuit Court of Appeals in the US ruling that the website benefits from safe harbour protection under the Digital Millennium Copyright Act (DMCA).