MIP Search | Managing Intellectual Property

Australia: Criteria for pharmaceutical term extensions clarified

To compensate patent owners for the time it takes to obtain regulatory and marketing approval for new drugs, the Australian Patents Act provides for patent term extensions of up to five years. However, in order to have an extension of term granted, a number of requirements need to be satisfied. One of these requirements is that a patent discloses and claims a pharmaceutical substance per se or a pharmaceutical substance produced by a process that involves the use of recombinant DNA technology.

Managing IP Correspondent, January 26 2015

First specialised court rulings analysed

Since November 1 2007, a change in the Belgian Patent Law has made the courts of the Chambers of Commerce (in the jurisdictions where there is a Court of Appeal) the competent courts to decide patent cases, instead of the courts of first instance. The aim was to centralise the patent cases in fewer courts, five in practice, to ensure that these cases would over time be treated by more experienced judges.

Managing IP Correspondent, March 31 2010

Kentucky kick-starts domains battle

The state of Kentucky has moved to identify the owners of the 141 domains it seized in 2008

Managing IP Correspondent, December 02 2010

Russia will need World Cup law

Having won the bid to host the FIFA World Cup 2018, Russia is likely to pass a specific law to protect sponsors from ambush marketing

December 09 2010

Implementation of data exclusivity (de)

The National Pharmaceutical Control Bureau (NPCB) in Malaysia ensures the quality, efficacy and safety of pharmaceuticals through the evaluation of technical data and laboratory test conducted during clinical trial. Upon fulfilment of all safety regulations, approval is given for marketing.

Managing IP Correspondent, September 26 2011

Supreme Court smashes Lego building block marks

A recent decision by the Swiss Federal Supreme Court has ended a 12-year battle between LEGO System and Mega Brands over the validity of Lego's three-dimensional building block trade mark registrations in Switzerland. The Supreme Court has now confirmed the nullity of Lego's respective trade mark registrations on grounds of technical necessity of the registered building block shapes.

Managing IP Correspondent, October 31 2012

SAP v Versata decision threatens business method patents

Business method patent owners were dealt a blow this week after the PTAB confirmed it will assume the “broadest reasonable interpretation” of a patent when considering if its claims are too far-reaching under new post-grant challenge proceedings

June 13 2013

Canada tackles copyright compilation

Shahnaz Mahmud, New York

Managing IP Correspondent, November 01 2006

ECJ to rule on SPC dates

Supplementary protection certificates (SPCs) as provided by Regulation 1768/92/EEC can extend the lifetime of a patent protecting medicines for up to five years. SPCs were devised to compensate for the reduced duration of these patents caused by the lengthy procedures involved in obtaining marketing authorization before the launch of a new medicinal product.

Managing IP Correspondent, March 31 2008

ECJ decides on granting of SPCs

On September 3 2009 the European Court of Justice (ECJ) gave its ruling in Case C-482/07 on prejudicial questions regarding the interpretation of Regulations (EEC) No 1768/92, concerning Supplementary Protection Certificates (SPCs) for medicinal products and Regulation (EC) No 1610/96, which concerns SPCs for plant protection products.

Managing IP Correspondent, September 30 2009

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