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  • The Dutch District Court of The Hague has construed its power as a national court under the EPC 2000 on the issue of partial revocation (article 138 EPC). In Boston Scientific v Expandable Grafts Partnership the court held that, if the patent owner submits patentable limited claims, the material grounds to refuse those claims are limited to new matter or extension of protection.
  • Under Japanese Patent Law, a patent licence can be registered in the Japan Patent Office (JPO) when both the licensor and licensee agree to the registration. Once registration of the licence is made, the registered licence is valid against a person to whom the licensor has subsequently assigned the patent and a bankruptcy trustee appointed for the licensor.
  • On November 11 2008 the Supreme People's Court of China published the draft Interpretation of certain questions on the application of law relating to the recognition and protection of well-known marks in the adjudication of civil disputes like trade mark infringements (Interpretations) for consultation.
  • In a recent decision the Austrian Supreme Court as the third and last instance (after the Austrian Commercial Court and the Higher Regional Court) held in preliminary proceedings that a patent claim can be amended after grant to change its scope of protection from a trivial-mixing process to a Swiss-type claim.
  • In an important decision, Apotex Inc v Sanofi-Synthelablo Canada Inc [2008, SCC], the Supreme Court of Canada reaffirmed, in principle, the validity of selection patents where the selected members of a genus posses a special advantage not present in the remainder of the genus, provided the requirements of novelty and non-obviousness are satisfied. However, much of the Court's discussion has more general application.
  • My company is keen to save money by moving our IP portfolio to maximise tax efficiencies - what are the advantages and disadvantages?
  • James Nurton spoke to the new president of the Turkish Patent Institute Habip Asan about increasing applications, improving quality and protecting geographical indications
  • 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.
  • • Ban Ki Moon praises WIPO UN secretary general Ban Ki Moon heralded WIPO's role in meeting several challenges, including climate change and the Millennium Development Goals, during his first visit to the organisation's Geneva headquarters last month. Meanwhile, WIPO director general Francis Gurry stated the need for WIPO to collaborate with other UN organisations on issues including sustainable development, access to health care and preserving biodiversity. WIPO is currently advertising for the new post of director of global challenges.
  • The ECJ recently raised the bar for showing dilution, saying that famous mark owners will have to prove that the detriment to their distinctive character has changed consumers' behaviour.