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  • Under current patent practice in the field of pharmaceutical inventions, it is required that a pharmaceutical invention be clearly defined by its pharmacological efficacy in terms of diagnosis, treatment, reduction and prevention of certain diseases. In exceptional cases, it is possible for a pharmaceutical invention to be defined by its pharmacological mechanism without clearly defining diseases for which the pharmaceutical invention is used.
  • Colonel Krishan Lal Vadehra and Sharad Vadehra, of Kan & Krishme in New Delhi, provide advice for patent applicants in India and review examiners' approaches to what constitutes patentable subject matter
  • There is a major social debate going on in Japan right now as to whether Japan should introduce a general concept of fair use into its Copyright Law.
  • On October 1 2009, the Law on Simplification and Modernisation of the Patent Law will enter into force in Germany, and the amendments affect several German acts relating to intellectual property.
  • The Indonesian Commercial Court has raised the hopes of trade mark owners facing the grim and costly task of tackling trade mark infringers in Indonesia.
  • Like many other countries, Belgium has adopted some interesting measures for cutting taxes on patent income for corporations in order to promote innovation.
  • In a recent judgment the Austrian Supreme Court had to decide a case on knives that were protected as registered Community designs. These knives were sold in sets consisting of 11 knives, where the knives were packed in two layers of five and six such that when the cover of the package was taken away all of the handles of the knives could be seen. The infringement of the registered Community design was a clear-cut case and was not even appealed to the Supreme Court by the defendant.
  • In 2002, Australia introduced a grace period provision which was modelled on the US style grace period to provide a 12 month prior publication or use right by the patentee before filing a complete patent application.
  • The Uganda Registrar General announced on June 10 2009 that the Nice Classification, 9th edition must be used. Some practitioners concluded that service mark applications could be filed and sundry news items appeared to that effect. However, discussion with the authorities confirmed that the 1952 law would have to be amended to provide for service marks and, accordingly, that the Registry is not yet open for them.
  • Our company launched a new product last year but we have since discovered that a leading supermarket is selling an own brand version that looks very similar. What should we do?