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  • In a recent decision rendered following an infringement action brought on behalf of the Greek originator pharmaceutical company Uni-Pharma Kleon Tsetis Pharmaceutical Laboratories SA against a Greek generic company, the Full Bench Court of Athens held for the first time that obtaining a marketing authorisation (MA) for a generic pharmaceutical product that infringes patent rights does not legitimise the circulation of the generic product in the market.
  • In a recent decision (T 1790/06-3.3.08), a Technical Board of Appeal (TBA) of the European Patent Office (EPO) has revoked a patent that was thought to be of fundamental importance in the highly competitive field of RNA interference (RNAi).
  • Amendments to the following IP laws were published in the Official Gazette number 30/2009 and entered into force on March 17 2009:
  • The Canadian Patent Office is currently undertaking an extensive review of the Patent Rules. Among changes proposed is an amendment related to section 6, which currently states that for the purpose of prosecuting or maintaining an application, the Commissioner shall only have regard to communications received from the authorised correspondent which, when appointed, is the patent agent. This has been found to be problematic in circumstances where the Office has received clear instructions from an agent, but could not give consideration to the instructions since the agent was not appointed as the authorised correspondent.
  • The Federal Court of Australia, in Sunnyfield Association v Cronk [2009] FCA 33, recently provided further evidence that the fair basis requirement in Australia is being interpreted more liberally. Fair basis is analogous to the European requirement of sufficiency of description. A more liberal approach in this area is likely to benefit patentees, and that was certainly the case here, where the court upheld decisions of the Commissioner of Patents to reject oppositions filed against the grant of each of two accepted patent applications.
  • The Federal Circuit last month reversed a lower court ruling that said the USPTO did not have authority to promulgate rules on claims and continuations
  • Is IP given its due importance in your company? If not, say Andrew Watson and Jordan Hatcher, maybe it's time to stop being a blue personality, and become red or yellow
  • Patent protection and enforcement can be a complex undertaking in Latin America. Corporate and private practice professionals, and a WIPO representative, discuss strategies
  • Under the Singapore Patents Act, an applicant can select from a number of options when requesting local substantive examination. These include requesting a combined search and examination report or requesting local examination based on a search report established for a corresponding application or international application.
  • The vital role of unfair competition law is widely recognised by most modern legal systems. Although there is no absolute definition of unfair competition, there is a general understanding of which types of conduct are considered incorrect or reprehensible.