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  • The Federal Court of Australia recently found a company director personally liable for patent infringement. In Inverness Medical Switzerland GmbH v MDS Diagnostics Pty Limited [2010] FCA 108, Inverness was the owner of a number of patents in the field of pregnancy testing and sued both the company MDS and its director, Dr Appanna, a family doctor in Auckland. Inverness argued that the doctor was a joint tortfeasor in directing MDS in the infringement.
  • Anti-counterfeiting in East Africa is a topic in vogue, highlighted by the Kenya Anti-Counterfeit Act (Number 13 of 2008) and the interlocutory ruling of Justice Mwendoh, dated April 23 2010 in Kenya High Court Petition Number 409/2009 Ochieng', Atieno & Munyi v Attorney General. Reading Ochieng's case revived 1960s memories of a truckload of fake Aspro drugs destroyed by order of the then Supreme Court of Kenya, and the thoughts that:
  • The decision by a New York court in Myriad earlier this year left applicants facing an uphill battle to patent gene sequences. Michael Gollin and Rae Fischer explain how IP owners in the biotech sector can maximise protection for their innovations
  • Over the past two years the Venezuelan patent system has adopted important legislative changes, which have forced doctrine and jurisprudence to review the current patent legal framework, as well as the mandatory nature of the rules developed in the Agreement on Trade-Related Aspects of Intellectual Property (TRIPs). The legislative changes have been made to ensure that inventors have appropriate protection for their inventions in accordance with international standards.
  • In the light of important recent and pending court rulings on patent eligibility, LiLan Ren of McKool Smith looks at the link between patents and economic development through history
  • Víctor Garrido of Dumont Bergman Bider discusses the efforts to apply a national innovation system in Mexico
  • Amended Rule 36 EPC on divisional applications has led to confusion. Ard Ellens of Nederlandsch Octrooibureau in the Netherlands provides a guide to the options available
  • China’s revised Patent Law contains new provisions on genetic resources. Jiancheng Jiang of Peksung explains how they affect applicants, and considers whether certain specific inventions would be patentable
  • A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449 diary@managingip.com
  • WIPO wants to revitalise the PCT system. James Pooley, deputy director-general for patents at the IP organisation, outlines progress so far and explains how the improvements should benefit users