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  • According to the current wording of the Mexican IP Law, injunctions can be imposed during the course of an infringement action related to trademarks, patents or slogans, and the plaintiff has to post a bond of an amount fixed by the Patent of Trade Mark Office (IMPI) in order to secure possible damages arising from those injunctions, if the infringement is eventually denied. Likewise, the injunctions can be immediately lifted if the alleged infringer obtains and files a counterbond in favor of the plaintiff.
  • Archana Shanker and Nupur Maithani of Anand and Anand consider what the battle over the Valcyte patent reveals about the Indian judiciary’s approach to pharmaceutical patents
  • Ella Cheong Spruson & Ferguson successfully represented a client in the inaugural revocation proceedings of two patents in Singapore. Kristian Robinson and Soo Ee Lin explain how their firm did it
  • Jack Redfern and Matthew Ward of Shelston IP discuss the value of innovation patents
  • Axel Verhauwen and Michael Bergermann of Krieger Mes & Graf v der Groeben explain the advantages that Germany’s specialist courts offer patent litigants
  • On April 7 2010, the Court of Appeal of Kuala Lumpur, in delivering its judgment in Taiping Poly (M) Sdn Bhd v Wong Fook Toh & ORS CA (2010 6CLJ 51), drew a distinction between the net loss of profits and the loss of sales, as a result of an infringement and passing off of a trademark.
  • Japanese patent applications should be exceptionally careful in describing the claim of the patent, as courts favor an objective determination of disputes concerning the matters set out in the application. Underscoring this is a recent judgment of the Osaka District Court, which ruled against the holder of a brand-name pharmaceutical patent and in favour of a generic company due to the former's carelessness in determining the claim.
  • Databases have acquired – in the digital era – paramount importance for commercial activities, since they gather information that can be used, for example, to design marketing programmes (databases containing information about potential clients) or reducing risks when granting credits (databases containing the credit history of a person).
  • Since last year's Americas IP Focus went to press, the law has evolved rapidly. Perhaps most internationally relevant was the US Supreme Court's June decision in Bilski v Kappos, which changed the criteria for determining patent eligible subject matter in the US and reinforced the country's commitment to allowing patents on business methods and software. It will be years before the true impact of that decision is known – as the lower courts and the USPTO attempt to define what constitutes an abstract idea and how much weight the machine-or-transformation test should still hold.
  • The Indian Trade Marks Rules 2002 were recently amended to adopt the Ninth Edition of Nice Classification, in order to align the trade mark laws in India with the international system. Additional service classes, namely classes 43-45, have been added. The applicants are requested to bring their existing applications in compliance with the new classification. All new applications for classes 43-45 with effect from July 1 2010 will be accepted by the Trade Mark Office in accordance with the new specification of services.