Search results for

The case of Roma Drug vs Glaxo Smith Kline et al (GR no 149907, April 15 2009) is interesting because it retroactively applied the controversial Republic Act no 9502 or the Universally Accessible Cheaper and Quality Medicines Act of 2008. On August 14 2000, using a search warrant issued by the Regional Trial Court of Pampanga upon the complaint of GlaxoSmithKline (GSK), Roma Drug store owned by Romeo Rodriguez was raided by a team composed of the National Bureau of Investigation (NBI) operatives and inspectors of the Bureau of Food and Drugs (BFAD).

The first search reports carried out by the European Patent Office (EPO) on Italian national patent applications are finally reaching the applicants. Applicants may either entrust an agent to go to the Italian Patent and Trade Mark Office (PTO) to collect the documents (and, in so doing, relieve the PTO of some of its workload as it is being flooded by hundreds of searches coming in from the EPO), or wait for the PTO to send the searches by registered mail. It seems, therefore, that for the time being the PTO has set aside the option of transmitting the searches online.

In a recent decision X ZR 89/07 the German Federal Supreme Court (FSC) confirmed the validity of EP 454 436 B1, which is directed to Eli Lilly's neuroleptic drug olanzapine, marketed under the name Zyprexa. In a first instance, the German Federal Patent Court (FPC) declared the patent null and void for lack of novelty. The FPC based its decision on the reasoning of an older FSC decision "Fluoran", in which criteria for novelty of chemical structures had been laid down. According to Fluoran, the decisive question as to whether a compound is considered to be anticipated by a general formula covering it is if a skilled person is able to reduce the invention to practice, that is to synthesise the respective compound. In the Fluoran case this question was answered in the affirmative, although the claimed compound had not been individualised in the reference.

As a measure to help tourism businesses in Croatia to successfully address the financial crisis, the Croatian government adopted an action plan by which it proposed a 50% reduction in the royalty fee paid to copyright owners for public performance of their copyrighted musical works. Apparently those members of the government responsible for the plan believe that the reduction of copyright royalties will benefit hotel/restaurant businesses, which in past years have complained about the need to pay royalties for public performances of copyrighted works.

The Australian High Court has issued a landmark case on the idea and form of expression dichotomy under copyright law.

In November 2008 a new government was voted into Parliament in New Zealand. With the new government has come progress on some long-awaited IP legislation.

The purpose of the Act on the Evaluation of Chemical Substances and the Regulation of Their Manufacture. (Kagakubusshitsu no Shinsa oyobi Seizoto no Kisei nikansuru Horitsu, Law no 117 of 1973, the Chemical Substances Control Law) is to control the manufacture and importation of chemical substances which might affect the natural environment or human health. Under the Chemical Substances Control Law, notifications are required for the manufacture or importation of new chemical substances. However, notifications are not required for the manufacture or importation of existing chemical substances, which are comprised of approximately 20,000 different types of substance and had already existed at the time the Chemical Substances Control Law was established in 1973.

In May 2009, Vietnam's National Office of Intellectual Property (NOIP) vowed to clarify various ambiguities surrounding patentability of use claims in Vietnam. At present, the NOIP interprets the relevant provisions of Vietnam's Law on Intellectual Property as prohibiting use claims. Each patent examination division in the NOIP treats this matter in different ways.

Section 44(e) of the US Trade Mark Act allows a foreign trade mark owner the ability to obtain a US Certificate of Registration based on their ownership of a foreign registration. The foreign trade mark owner does not need to allege actual use of the mark in the US in order to obtain a US Registration; all that is required is a verified assertion in writing in its trade mark application of a bona fide intention to use the mark in commerce in the US.

Widespread copyright infringement on the internet has a serious impact on a range of businesses. Since activities on the internet cannot be conducted without using internet service providers (ISPs), these ISPs are at risk of being sued by copyright holders. Because this situation is unfavourable to the growth and development of the internet industry, and in an attempt to deter online copyright infringement, the Taiwan Intellectual Property Office (TIPO) drafted an amendment to the Copyright Act on February 14 2008 to specify the limitations on ISP liability. The amendment was passed by the legislative body on April 21 2009.