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  • Prime Minister Narendra Modi and his political party Bharatiya Janata Party (BJP), once again won the elections with a clear majority and formed the government in May 2019. This is the party's second term in a row. Interestingly, during the election campaign, one of the adverts released entitled "Transforming India's IP Landscape" counted, among others, the following achievements:
  • On April 26 2019, the Supreme People's Court (SPC) issued special rules on its technical patent investigators (provisions), effective as of May 1 2019, which formally stipulate the procedures, duties and liabilities related to the participation of technical investigators in the trial of IP cases. The issuing of the provisions is also an acknowledgement of the successful trial run of the technical investigator system in the last four years.
  • Sponsored by Hanol IP & Law
    Precision medicine, also known as personalised medicine, is an emerging field in healthcare and seems to have a promising future as it accounts for 42% of new molecular entities which the Food and Drug Administration (FDA) approved in 2018. Since precision medicine aims to provide bespoke medical treatments based on individual patient's characteristics, it essentially incorporates diagnosis and treatment methods. Under Korean patent law and practice, treatment and diagnosis methods are not considered patent eligible subject matter. As such, it is necessary to circumvent restrictive eligibility requirements to obtain protection for precision medicines in Korea. In the past, although precision medicines can be pursued as a pharmaceutical/diagnostic composition claim, it was not easy to claim methodological aspects of precision medicines (e.g. dosage regimen) which were not considered as technical features constituting composition itself (Supreme Court decisions 2007Hu2926 and 2007Hu2933, rendered on May 28 2009).
  • Foreign applications for trademarks and designs are on the up, according to the UKIPO’s annual report, which also shows a decline in patent applications and a focus on workplace wellbeing
  • Patent owners have found it tough to meet the requirements for motions to amend claims in PTAB post issuance review proceedings. Binal J Patel, J Pieter van Es and Kimberly S Devine examine the eight decisions where such motions have been granted
  • Nigel Swycher, CEO of patent analysis software company Cipher, looks ahead to the IP Corporate Strategy Summit 2019
  • USPTO announces initiative to examine Patent Trial and Appeal Board procedures including those relating to multiple petitions, motions to amend, claim construction and decisions to institute
  • This is the first judgment affirming infringement under DOE in the biotechnology area and had great impact on patent practice. This decision is a part of global litigation in countries including the US, Germany and UK.
  • In-house counsel consider whether a new IP right for software inventions could help the UK compete after Brexit and discuss whether IP is enough of a priority for decision makers
  • Counsel at Red Bull, Nestlé and Ferrero answered questions at MARQUES about when you should file, what to seek protection for and using surveys to protect non-traditional marks. One panellist declared: “3D marks are dead”