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  • The protection and assertion of IP rights is perhaps as important as their acquisition. While there has been a recent spurt in the number of trade mark registrations, infringement has also been on the rise. A recent decision of the High Court of Delhi in Cadila Healthcare v Diat Foods (India) highlights yet another attempt by a company to safeguard its brand.
  • Article 2-(1) of the Korean Patent Act defines an "invention" as the highly advanced creation of a technical idea utilising the law of nature. Whether a patent application utilises the law of nature is determined by considering all claims. Partially utilising the laws of nature is not enough and any such invention would not be patentable.
  • On August 26 2010, the State Intellectual Property Office of China (SIPO) promulgated the Measures for Registration of Patent Pledge, replacing the Interim Measures for Administering the Registration of Patent Pledge Contract of September 19 1996. The new measures came into effect on October 1 2010.
  • The EPO rule amendments predicted in our previous briefing article have recently been announced by the Administrative Council of the EPO.
  • The Federal Court of Canada recently issued a landmark decision regarding patent eligibility, holding that business methods can be patented in appropriate circumstances.
  • Novartis v Johnson & Johnson. Various European courts
  • The Association for Molecular Pathology (AMP) et al v the USPTO and Myriad Genetics. US Court of Appeals for the Federal Circuit
  • According to Peter K Paik and Ji Eun Kim of Kim & Chang, patent issues are becoming increasingly intertwined with antitrust issues
  • Putting in place powers of attorney to appoint IP agents has long been a headache for IP owners, especially when the powers need to be notarised and legalised. Changes this year to the procedures in Syria for powers of attorney appear to have added to the administrative burden and left many IP owners puzzled.
  • The issuance of a Certificate of Registration in the US confers upon the registrant prima facie evidence of, among other things, the registrant's exclusive right to use the mark in commerce on or in connection with the goods or services covered by the registration. There are, however, additional protections and benefits that a trade mark owner can obtain in and to the registered mark after the Certificate of Registration has issued.