MIP Search | Managing Intellectual Property

Greece: Immediate effect/enforceability of relevant orders for parallel imports

In a recent case relating to automotive spare parts parallel imports, an interesting issue was raised regarding immediate effect/enforceability of the Court`s order on commercial information disclosure.

Managing IP Correspondent, December 08 2017

Germany: Time for more medical device SPCs?

The ultimate purpose of a Supplementary Protection Certificate (SPC) is to compensate a patentee for the time lost due to lengthy regulatory approval processes.

Managing IP Correspondent, December 08 2017

Italy: The crackdown on Chinese trade mark squatters

Officina Profumo farmaceutica di Santa Maria Novella SpA – a 400-year-old company based in Florence, Italy – and its trade mark consultants at Bugnion SpA can claim victory against Chinese trade mark squatters. On October 11 2017 the Italian producer of luxury cosmetics won its oppositions before the CTMO, the Chinese Trademark Office, against a Chinese individual, CAI Zhifeng, who filed in bad faith the company's house mark:

Managing IP Correspondent, December 08 2017

Argentina: The trade mark in the pharmaceutical product

Since the activity of the pharmaceutical industry is a regulated activity, in the sense that medicaments require governmental authorisation in order to be commercialised, registering the trade mark with the Trademark Office – as intellectual property right – is not sufficient to guarantee its use in the pharmaceutical product, because the name of the medicament must be accepted by a health authority at the time of issuance of the marketing and sales authorisation.

Managing IP Correspondent, December 08 2017

Europe: Restrictions on the right to amend patent claims

In its decision HIGH POINT SARL v KPN BV, the Dutch Supreme Court held that the right of the patentee to limit a European patent before the national courts, as defined by the European convention (EPC) article 137(3), may be restricted by national procedural conditions. Accordingly, the Dutch courts may refuse to consider limited claims that give rise to a new debate about patent validity after filing the grounds of appeal.

Managing IP Correspondent, December 08 2017

Africa: IP in Africa: A little different

An article that recently appeared in the South African news publication Daily Maverick, Intellectual property for the 21st century economy, reminds us that, notwithstanding the increasing homogenisation of IP laws, parts of the developing world are yet to be totally convinced that IP is the best way of ensuring innovation and progress.

Managing IP Correspondent, December 08 2017

Canada: Pharmaceutical patents in Canada – regulatory changes

Following the signing of the Comprehensive Economic and Trade Agreement (CETA) with the European Union, the Government of Canada has amended Canada's pharmaceutical drug linkage regulations, the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations), which link the drug regulatory approval system to the patent system. The PMNOC Regulations are comparable to the Hatch-Waxman Act in the United States.

Managing IP Correspondent, December 08 2017

Australia: Patents Office introducing amendments to Stifle Patents

IP Australia is proceeding at pace with implementing the Government's response to the Productivity Commission's Report to severely curtail the rights of patent holders.

Managing IP Correspondent, December 08 2017

India: Arbitrability of IP issues

In a recent judgment of October 2017, a Division Bench of the Madras High Court in Lifestyle Equities CV v QDSeatoman Designs Pvt. Ltd & Ors has held that IP issues could be subject to arbitration. The fundamental point at dispute was whether and to what extent are IP related rights arbitrable given that they tend to have effect in rem.

Managing IP Correspondent, December 08 2017

EPO: Board of Appeal communication not sufficient for late filings

As previously discussed in this column, the Boards of Appeal of the EPO have a few tools at their disposal, which they use to conduct EPO appeal proceedings efficiently. In particular, Article 12(2) of the Rules of Procedure of the Boards of Appeal (RPBA) requires appellants to provide their complete case in their statement of grounds of appeal or response to an appeal.

Managing IP Correspondent, December 08 2017

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