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  • After more than a decade since the regulations of the new Patent Law came into force (which implemented the TRIPs requirements regarding the patentability of pharmaceutical products), it is important to evaluate the impact of this patentability on access to medicaments, and on the public health in general.
  • The Opinion on Various Issues Relating to the Applicable Laws for Handling Criminal IP Infringement Cases jointly published by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security clarifies certain trade mark issues relating to IP crimes, set out below.
  • The Court of Justice of the EU has held that a trade mark owner can prohibit an advertiser from using his trade mark as a keyword, without his consent, whenever the advert does not enable an average internet user to ascertain whether the goods or services originate from the trade mark owner or from a third party (Case 236-08/238-08).
  • A German company has had 12 patents revoked by its own Indian subsidiary and lost control of its trade mark in a dispute that has raised more questions about India’s IP system
  • As from the beginning of March 2011, the Italian Patent Office (IPO) has started issuing its first examination reports on Italian patent applications not claiming a foreign priority.
  • Huang Hui and Paul Ranjard explain how China’s Supreme People’s Court has allowed limited protection for shapes under the Anti-Unfair Competition Law
  • The year began with a judgment over a patent law dispute involving the Tai family of Malaysia (Soon Seng Palm Oil Mill (Gemas) Sdn Bhd and others v Jang Kim Luang @ Yeo Kim Luang and others). The action revolves around a process patent for "the extraction of intrinsic fibers from waste material left behind after palm oil extraction. The intrinsic fibres of the empty fruits are recycled to create medium density fibre wood boards and mulching mats".
  • The sale of a freestanding covenant not to sue for $38.5 million at a recent patent auction may signal a popular new strategy for monetising patent assets. David Schmidt explains
  • It happened to Tylenol, Firestone and Vioxx. What can trade mark counsel do to minimise the effect of a product recall on a brand?
  • Last month a press conference was held at WIPO's new building in Geneva, to celebrate Qualcomm filing the 2 millionth patent through the PCT system. It was a brief affair. Statements were concise, questions few and answers succinct. We all wandered down the glass staircase into the main atrium, which is almost as high as the building itself – it is ringed by balconies that back onto the WIPO staff offices, and I noticed that a few people were leaning over the railings, looking down on us.