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  • The European directive on the legal protection of biotechnological inventions 98/44/EC was transformed into national law on June 10 2005. The Austrian parliament has connected the establishment of a special monitoring committee to this transformation. This committee (the Biopatent Monitoring Committee) had the task of monitoring the impact of this transformation into Austrian law on
  • China's Supreme People's Court has explained how IP trials should be conducted in the economic crisis in a formal Opinion that may result in courts granting fewer injunctions
  • On June 6 2009, the Patent Cooperation Treaty (PCT) came into force in Peru. As a result, there are now three ways for obtaining protection for an invention: 1) the national application or direct application, 2) the application under the Paris Convention and 3) the application under the PCT system.
  • For applications filed after July 1 2004, The Singapore Patent Act provides a number of options for an applicant to obtain grant at 42 months from priority date under a fast-track system or at 60 months from priority date under a slow-track system. A decision to switch from a default fast track to the slow track must be done by requesting a block extension before 39 months have elapsed from the priority date.
  • The WIPO-administered Madrid System for the International Registration of Marks has been available in Greece since the 2000 by way of the Greek Law 2783/2000 and Decision K4-307/2001 of the Ministry of Development. An international registration (IR) designating Greece enjoys the same advantage of this procedural mechanism: Greece falls within a single administrative process along with several other member states and, consequently, the applicant may simply and cost-effectively obtain trade mark protection in the Geek jurisdiction as if he had applied for a domestic trade mark. Too good to be true?
  • The report of the Technical Expert Group on Patent Law Issues, led by RA Mashelkar, was resubmitted to the Union Ministry for Trade and Commerce in March 2009. It was first submitted in December 2006 and was withdrawn for review owing to some technical inaccuracies in the Report.
  • The boundary between activities that fall within the experimental exemption and activities that are instead reserved to the patentee has always been fluid. A particularly topical question concerns the activities linked to obtaining marketing approval for the generic version of a medicinal product that is covered by a patent.
  • Due to the recent debates over the rights of IP owners and public discontent, the Intellectual Property Corporation of Malaysia (MyIPO) has reviewed the Intellectual Property Laws of Malaysia and will soon be implementing amendments to resolve matters. The review and amendments will affect the Copyright Act, Trade Marks Act, Patents Act and Industrial Design Act as well as the Layout Design of Integrated Circuits Act and the Geographical Indication Act. Major amendments will include:
  • Europe's highest court has backed L'Oréal in a row over smell-a-like products
  • Within the next few months, the EPO's Enlarged Board of Appeal (EBA) is expected to rule that a fundamental violation of a party's right to be heard occurred in appeal proceedings concerning the opposition against EP 978251, Hoya Corp v Olympus Corp. A communication of the EBA dated May 18 2009 indicates that this will be the probable conclusion in petition for review case number R 7/09. Assuming that the EBA decides accordingly in its final ruling, R 7/09 will be the first ever case in which the EBA allows a petition for review and re-opens proceedings in a case after issuance of a last-instance decision in appeal.