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  • The market for pharmaceuticals in Brazil has great potential. Yet Brazil's Health Authority is in conflict with the pharmaceutical industry over IP rights, and sales are suffering. Deborah Portilho and Rana Gosain of Daniel Advogados investigate
  • Last year Russia overhauled its IP legislation. Managing IP hosted a roundtable in Moscow to discuss the changes
  • Franchising is one of the more popular modes of going into business in the Philippines, whether small, medium sized, or large. They are easy to set up and the franchised business has a built-in support system, and some goodwill attached to it. Because almost all franchise agreements involve a bundle of intellectual property rights, prior to January 1 1998, registration of this type of agreement was mandatory. After that date, registration became voluntary and enforceable in the Philippines, provided it complied with the provisions of the IP Code. The signatories to the registered agreement are certainly the real parties in interest, but in Pepsico Inc doing business in the name and style Pepsico Restaurants International v Emerald Pizza Inc (GR No 153059) promulgated by the Supreme Court on August 14 2007, the Court declared that Pepsico Inc, who was not a party to the franchise agreement, was a real party in interest. The case facts are as follows:
  • When it comes to prosecuting a patent application before the Mexican Patent Office, the applicant should remember that the Office does not undertake a completely independent substantive examination of patent applications. Mexico's Law of Industrial Property contemplates that the Office may accept or require the findings of substantive examinations conducted by foreign patent offices or, where appropriate, a copy of the patent granted by foreign patent offices.
  • Céline SA, a famous clothing company, and owner the trade mark Celine, sued clothing boutique Company Céline SARL, Inc, and won at first instance before the French courts.
  • In its most recent Decision G 1/05, the Enlarged Board of Appeal (EBA) of the European Patent Office clarified several issues on the validity of divisional applications (first and subsequent generations) containing added subject matter at the actual filing date. In this decision the EBA consolidated three referrals from the Technical Boards of Appeal.
  • Adolfo Athié and Eduardo Kleinberg of Basham Ringe & Correa explain the concept of exhaustion, and examines how it applies to patent, trade mark and copyright assets in Mexico
  • James Nurton, London
  • Pfizer has won a key victory in the Chinese courts over the patent for sildenafil citrate, the active ingredient in its impotence drug