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  • 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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    Mexico: Litigating for reliable criteria
    When talking about reserva rights – a legal institution exclusive to the Mexican legal system, which protects a variety of assets, such as titles of publications or broadcasts, among others– there is a problem that stands out: an absence of certainty regarding the criteria used by the authority (the Mexican Copyright Office, or INDAUTOR) when examining applications.
    Managing IP Correspondent, December 08 2017
  • China Patents: Patent linkage system is becoming real in China
    In early October, the top policy making body in China issued a special opinion proposing to explore the patent linkage system, to extend patent terms for pharmaceuticals and to improve regulatory data protection, all of which are intended to encourage innovation in pharmaceutical and medical device fields. While the exact details of such new policy initiatives are not yet known, it has excited the industry.
    Managing IP Correspondent, December 08 2017
  • Utynam’s Heirs
    A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam
    Managing IP Correspondent, December 08 2017
  • PTAB icon 165
    District court stays pending PTAB review: an analysis of the past 12 months
    Overall success rates of motions to stay district court litigation pending inter partes review at the Patent Trial and Appeal Board dropped noticeably in the past fiscal year. Christopher Hanewicz and Truscenialyn Brooks of Perkins Coie analyse recent stay statistics, including comparing by district and judge
    Managing IP Correspondent, December 08 2017
  • Taiwan: Triple damages awarded in design patent lawsuit
    This March, the IP Court awarded respective triple damages against an infringer on the ground of willful violation of both the Patent Law and the Fair Trade Act in an infringement lawsuit filed by HTC, a Taiwan-based smartphone maker.
    Managing IP Correspondent, December 08 2017
  • China Trademarks: A brief introduction to trade mark enforcement by AIC
    China, being a rapidly developing market with a highly flourishing economy, is a main source of trade mark infringement, troubling trade mark owners. Today, we make a brief introduction to one of the most efficient measures for cracking down on trade mark infringement – the AIC enforcement action.
    Managing IP Correspondent, December 08 2017
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