Search results for

Proposed amendments to the Patent Office's examination guidelines will modernize patent prosecution and clarify some legal grey areas, says Ma Hao of CCPIT Patent and Trademark Law Office

Emma Barraclough, Hong Kong

Emma Barraclough, Hong Kong

BIO 2006,

New Zealand's existing experimental use exceptions have been established through case law and a Bolar-type provision that was introduced into the Patents Act in December 2002. This provision essentially allows the reasonable use of an invention for the purposes of gaining regulatory approval. The case law attempts to clarify the distinction between research and use of an invention that is not for direct commercial gain, and research and use of an invention that is for commercial gain. The boundary between the two is unclear and at the moment the New Zealand courts are ultimately left to determine what activity constitutes legitimate experimental use and what constitutes infringement.

Li Jian, a judge in the IP division of the Supreme People's Court provides a guide to China's system of civil litigation and explains how recent developments will affect plaintiffs and defendants in IP lawsuits

Stéphanie Bodoni, London

The snappily titled The Performances (Moral Rights etc) Regulations 2006 will help us all answer the question "Who is that singer?" and avoid the comment "Oi, that's my recording you're mucking about with!"

Emma Barraclough, Hong Kong

Russian patent law does not allow the co-existence of an invention patent and a utility model patent if their priorities coincide. If such parallel applications have been filed the applicant has to choose which patent he wants to have. If a utility model patent has been granted and an invention patent has later been granted the earlier issued patent is automatically cancelled.