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  • Managing IP lists the patent firms filing the most PCT applications in the 14 biggest markets
  • African countries have a good framework of laws and regional initiatives to protect IP rights but capacity building is the key to making them more effective, says Wayne Meiring of Spoor & Fisher Jersey
  • Patent infringement litigation routinely involves engaging technical or scientific experts. They may be asked to opine on interpretation of patent claims – often case determinative; patent invalidity; and of course, infringement and the appropriate measure of damages, if any.
  • When creating trade marks, pharmaceutical companies often choose words that are similar to the generic names of the International Nonproprietary Name (INN) system administered by the World Health Organization (WHO). These marks frequently incorporate the first or last syllables of the relevant INN. The chart below provides samples of trademarks registered in Class 5 for pharmaceutical products that are similar to an INN.
  • On July 2 2009 the Republic of Poland acceded to the Geneva Act (1999) of the Hague Agreement, which enables the protection of industrial designs in a number of member states and intergovernmental organisations by filing a single international application with the International Bureau of the World Intellectual Property Organization. At present, there are 35 contracting parties to the Geneva Act, while the total number of contracting parties to the Hague Agreement amounts to 56.
  • In the recent High Court decision of MediaCorp News Pte Ltd (MediaCorp) v Astro All Asia Networks PLC (Astro), the court dismissed MediaCorp's appeal against Astro's use and registration of its logo trade mark in opposition proceedings. The bone of contention in this case was essentially a red "triangular" or "A" device in both parties' marks.
  • A generic drug is a drug in which the patent term relating to the active ingredient has expired. Under the Pharmaceutical Affairs Act, the approval of the Ministry of Health, Labour and Welfare (the MHLW) is required for any manufacture and marketing of drugs, and as a matter of course, the same rule would be applicable to generic drugs. Although the application procedure for the approval of generic drugs is easier than that for the approval of new drugs, generic drugs are subject to certain restrictions.
  • The High Court of Kuala Lumpur has, in a recent decision of its own, considered whether it has the powers to rectify the Trade Mark Register in an action to expunge a trade mark by unlawful proprietors.
  • Law 99/2009, which entered into force in August 2009, has introduced amendments to the Italian industrial property code with respect to trade marks and patents.
  • The use of a trade mark that is identical or deceptively similar to another's trade mark leads to economic loss to the original proprietor as well as dilution of the mark and passing off. If the use of deceptively similar mark is in respect of pharmaceutical products falling in the same description, concerns of public health and safety also arise.