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Adolfo Athié of Basham, Ringe y Correa says that the law must perceive IP differently in order to encourage innovation and economic growth

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Rosalía Bautista of Becerril, Coca & Becerril explores the difficulties of filing voluntary amendments to patent applications under the law

Rodrigo Calderón Ponce of Uhthoff Gomez Vega & Uhthoff examines an amendment to the health law that bodes well for biotech companies

The legal regulations of advertising in Mexico are not as developed as in other countries, which in practice provide infringers with more elements to construe their defences against eventual challenges from competitors and/or consumers.

Sectors of the software industry have voiced their concerns over the patent-eligibility of software as part of the review process of the Patents Bill, claiming that patents for software stifle rather than promote innovation. This was previously reviewed back in 2005 and the conclusion then was that there was no reason to treat software differently to other technologies. However, it now appears that there will be some review and possible restriction on the patent-eligibility of software, although nothing has been officially released as yet.

The European Patent Office has released its 2008 statistics, which show that the number of grants is increasing again after a drop in 2007. Nearly 60,000 European patents were granted in 2008, which is an increase of 9.4% compared to 2007, but still about 3,000 grants less than in 2006. The number of refusals has increased by 42% over 2007.

Bayer Corporation's petition to the High Court of Delhi to enforce patent linkage in India was dismissed with costs fixed at a deterrent amount. The respondents to the petition included the Drug Controller General of India (DCGI), and generic drug maker CIPLA.

In September, the Indonesian legislature passed the controversial Film Law. The law has been criticised for its contentious local film content quotas and for creating unnecessary administration. The law also creates a number of IP issues that are causing concern in the local film industry.

In the recent case of Ratiopharm Inc v Pfizer Limited (2009) FC711 Mr Justice Hughes has again emphasised the important of exercising the utmost good faith in the drafting and prosecution of patent applications. In this chemical case, he was highly critical of the draftsperson for including phrases such as "unexpectedly", "unique", and "outstandingly suitable" as being "self-serving" and inconsistent with the facts apparent from the record of the invention. Hughes found that the words could not have come from the inventors, but "could only have come from the Pfizer patent department".