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Ersin Dereligil of Destek Patent Inc outlines the structure of Turkish patent prosecution and highlights some recent developments

James Nurton spoke to the new president of the Turkish Patent Institute Habip Asan about increasing applications, improving quality and protecting geographical indications

My company is keen to save money by moving our IP portfolio to maximise tax efficiencies - what are the advantages and disadvantages?

The race to outsource IP work has begun, and there is no better time to join in than now. As businesses struggle to adapt in a dismal economic climate, the call to cut costs is growing ever louder. This month, Asia editor Peter Ollier – just one week before the shocking terrorist attacks in Mumbai – embarked upon a trip through India to meet with some of the top IP outsource providers and law firms. And what he found may quite surprise those whose perception of LPO companies is less than complimentary.

James Nurton, London

Some months ago, we reported on Re Gilead Sciences, a UK Intellectual Property Office decision that provided guidance on when a supplementary protection certificate (SPC) can be granted in respect of a combination product. In particular, the decision provided guidance on when this type of medicinal product is "protected" by a basic patent in force, as is required by Article 3(a) of Council Regulation 1768/92, before an SPC can be granted. That decision has now been overturned in the High Court.

In order to bring the relevant stipulations in the Patent Act into agreement with the Acts Regulating Approval of Pharmaceuticals and Pesticide Products in a clearer manner, the Taiwan Intellectual Property Office has published a new guide for applicants filing patent term extensions in accordance with Article 52 of the current Patent Law. This article stipulates that where the practice of an invention patent relating to pharmaceutical or pesticide composition or its manufacturing method is subject to regulatory approval pursuant to other laws and where it takes more than two years after the publication of the patent application to acquire such approval, the patent owner may apply for an extension of the patent term for a period of two to five years within three months from the date of issuance of the first certificate of regulatory approval.

By statute, a patent holder, if successful in litigation, is awarded "damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention." (35 USC §284 [2006]; Georgia-Pacific Corp v US Plywood Corp [SDNY 1970]). A reasonable royalty calculation involves determination of the royalty rate and royalty base.

When setting up, most businesses typically start the necessary steps to register their names as corporate names, but omit to protect the name as a trade mark.