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In 1992, the Rio Convention on Biodiversity set the goal of fighting practices known as biopiracy and which are generally seen in developing countries. These involve identifying certain genetic resources of a country and indigenous traditional knowledge that may be linked to their use, developing them, protecting them through patents and extracting commercial gain without any benefit to the indigenous populations in question. The Nagoya Protocol, an extension of the Rio Convention, enshrines a move from mere declarations of intent to concrete measures.

In recent ex-parte appeal proceedings (decision 14 W (pat) 10/16 of January 23 2018), the German Federal Patent Court (GFPC) contributed to the interpretation of Article 3(a) of Regulation (EC) No 469/2009 (the Regulation).

In recent years, the protection system for trade mark rights has become more and more mature in China. Non-trade mark rights have also caught the attention of IP practitioners and even outsiders. After all, who can overlook the news that Disney has profited more from merchandise related to Frozen than publishing the movie and DVD? Even people who barely know anything about basketball or IP must have heard that the NBA superstar Michael Jordan has finally stopped a Chinese company from using his surname in Chinese as a trade mark in the Supreme Court. When posting pictures on WeChat's Moments has become a habit for thousands of Chinese people, it is astonishing to think that posting a picture of the night view of the Eiffel Tower could be an act of infringement.

A combined designation was filed as trade mark application no 2016706326 in respect of services in Class 42 of the International Classification of Goods and Services (ICGS). The mark is shown below:

Legislation that amends Mexico’s trade mark opposition system is expected to improve the still-new opposition system but many issues remain, reports Ellie Mertens

CPA Global analyses a survey of IP law firms and corporations, evaluating what law firms can do to better serve their clients in the IP arena

Some chemical products alter with the passing of time. When a product does not fall within the scope of claims at the time of manufacturing but falls within the scope of the claims after the passing of time after manufacturing, is it correct to conclude that such a product falls within the technical scope of a patented invention?

The Indian Patent Office vide order dated November 8 2017 has rejected patent application 6647/ DELNP/2007 for lack of inventive step and for non-patentable subject matter under Section 3(d) of the Indian Patent Act. The invention claimed in the application was directed to a composition comprising a monoclonal antibody (IgG2), a chelating agent, histidine buffer, and optionally, a surfactant and/or a tonicity agent. The applicant claimed enhanced stability of the antibody in the composition.

The IP Code of the Philippines does not expressly state that patented products must bear patent markings which serve to notify the public and competitors that products are patented. However, Section 80 of the IP Code provides that "damages cannot be recovered for acts of infringement committed before the infringer knew, or had reasonable grounds to know of the patent. It is presumed that the infringer knew of the patent if on the patented product, or on the container or package in which the article is supplied to the public, or on the advertising material relating to the patented product or process, are placed the words Philippine Patent with the number of the patent." This simply means that notice of infringement may be served either actually, or constructively by said patent marking.

A common dilemma for inventors and applicants before the European Patent Office is whether an invention is sufficiently mature for a patent application to be filed. Although a proof-of-concept is often established at the date of filing, an inventor does not always have the opportunity to investigate every aspect of their invention before a patent is filed.