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  • Before the Linkage Regulation in Mexico, the health authorities granted marketing authorizations for pharmaceuticals when the applicant complied with the regulatory requirements, without reviewing possible violations of patent rights. In short, marketing authorizations granted in the past for patented pharmaceutical products to non-authorized third parties were government authorizations to infringe patents.
  • Canada is not unique in its concern over increasing prevalence and diversity of counterfeit goods. The OECD recently reported counterfeiting in virtually all economies with a cost estimated at 5% to 7% of world trade, up from 2% to 4% 15 years ago. Canada is, however, a jurisdiction in which enforcement is difficult. This is probably attributable primarily to the fact that, unlike the United States, Canadian Border Service personnel are not mandated to search for and seize counterfeit goods.
  • Article 10 of the Enforcement Directive (Directive 2004/48/EC) provides corrective measures to be taken with regard to goods that have been found to infringe an intellectual property right. Those measures include:
  • In October 2006, Senator Marina Riofrio proposed a bill to the National Congress aiming to introduce into the Argentine trade mark legislation a specific regulation for collective and certification trade marks. While these are not forbidden by current provisions, they are not expressly regulated in national legislation.
  • The European Patent Office (EPO) has recently published its statistics for opposition and appellate activities in 2005.
  • Brand pharmaceutical companies sometimes agree to share profits from their patented drugs with generic manufacturers to keep rival products off the market. James Walsh and Lisa Huett consider the legality of these so-called reverse payments under Australian law in light of increasing attacks from antitrust authorities overseas
  • Handling IP rights in M&A deals is a complex process. Gregory Shatan sets out some best practices and explains how lawyers can negotiate more effective transitional licences and transition services agreements to help their clients achieve their aims during the key handover period
  • J Bruce Schelkopf, chief counsel, global intellectual property for Cummins, Inc, talks to Shahnaz Mahmud about grappling with counterfeiting and piracy in China
  • Austria TRADE MARK PROSECUTION Tier 1 Sonn & Partner Tier 2 Patentanwälte Puchberger, Berger & Partner Schönherr Rechtsanwälte Torggler & Hofinger Wiltschek Rechtsanwälte Tier 3 Barger, Piso & Partner Beer & Partner Patentanwalt Dr Thomas M Haffner Patentanwälte Schütz und Partner