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  • Chugai Pharmaceutical sought an injunction against DKSH's importation of maxacalcitol active pharmaceutical ingredient and against Iwaki Seiyaku etc's sales of the defendants' products. A judgment to the following effect became final and binding: the manufacturing method in question was considered to be equivalent to the patented invention and to fall within its technical scope (judgment of March 24 2017, the Supreme Court and judgment of March 25 2016, the Grand Panel of the IP High Court).
  • The Federal Court of Canada recently issued its public judgment and reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex's infringement of the omeprazole formulation patent (AstraZeneca's Losec) in AstraZeneca Canada Inc v Apotex Inc, 2017 FC 726. During the liability phase of these proceedings, the Federal Court of Canada had found the omeprazole formulation patent valid and infringed by Apotex (AstraZeneca Canada Inc v Apotex Inc, 2015 FC 322).
  • Is the UK Supreme Court’s decision in Actavis v Eli Lilly a radical change to English patent law? Brian Cordery, Annsley Merelle Ward and Adrian Chew say it may not be quite as simple as that
  • As we know, the Madrid System is a tool that simplifies the administrative procedure of trade marks through an International Registration which is equivalent to various national registrations by the applicant in the designated contracting parties.
  • The European Commission has issued its position paper on pan-European Union IP rights post-Brexit. As patents are not governed by the EU but come under the remit of European Patent Office, they are unaffected by Brexit and are not included in the document. Thus the EU need only concern itself with other IP rights, mainly trade marks and designs.
  • Spain’s courts imported the old English test into their patent law. Miquel Montañá asks: now that test has changed, will they have to change too?
  • The doctrine of equivalents is well established in Germany. It’s good news that the UK courts are moving in the same direction, argues Philipp Widera
  • While the doctrine of equivalents exists in theory in most Greek legal textbooks, judgments applying this theory in practice are scarce in Greece. A recently issued judgment by the Athens Court of First Instance in preliminary injunction proceedings is an important addition to this rather small number of judgments.
  • Argentina has a poor reputation for protecting IP rights. But, says Carlos Castrillo, new political winds are bringing changes
  • Erica Gould analyses a number of recent Cuban Trademark Office decisions issued in favour of US brand owners who had filed oppositions against applications made by trade mark pirates