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According to the Mexican Industrial Property Law (IPL) the following types of pharmaceutical-related claims are exceptions to patentability:

According to the Greek Code of Civil Procedure, while a main infringement action is pending, the defendant has the right to request that a preliminary injunction, previously granted for the same cause of action and between the same parties, be lifted on the basis of either an error in law or/and of an error in fact.

Indonesian IP laws have always required IP rights licences in Indonesia to be recorded at the Intellectual Property Office. This requirement is set out on the Copyright Law, Patent Law, Trade Mark Law, Industrial Design Law, Layout Designs of Integrated Circuits Law and Trade Secrets Law. However, such recordal mechanism has not been carried out due to the lack of implementing regulation, even though the legal consequence is that, if an IP licence is not recorded, it would not be binding on any third parties.

In the court decision X ZR 111/13 – Telekommunikationsverbindung, the German Federal Court of Justice (BGH) discussed the flexibility that the parties have to amend the issues of dispute in second instance nullity proceedings. The case being considered relates to appeal proceedings before the German Federal Court of Justice reviewing the first instance decision in terms of the revocation of a patent by the German Federal Patent Court (BPatG).

While the recently released EPO performance statistics for 2015 show an increase in the number of grants compared to the previous year and a decrease of backlog of searches by two thirds, delay in examination of pending cases is still of concern to some. A recent appeal decision rendered in the field of computer implemented inventions reveals that excessive examination delays do not amuse the Boards of Appeal. More specifically, in decision T 823/11 rendered in December 2015, Board 3.5.07 has ruled that duration of examination proceedings of more than 12 years must be regarded as excessive and amounts to a substantial procedural violation.

At the end of February the Preparatory Committee for the Unified Patent Court announced the definitive proposal for court fees for the UPC, which is planned to start in early 2017.

On February 25 2016, the Legislative Affairs Office of the State Council released a draft version of an amended Anti-Unfair Competition Law (draft AUCL) for public comment.

Despite the importance of preliminary injunctions (PI) in intellectual property disputes to ensure a quick cessation of infringement and to prevent imminent harm to the rights holder, it has been a challenge to get PIs granted in Vietnam. However, correctly identifying and addressing the current obstacles to the application of PIs could make it easier to obtain them in future cases.

When brand owners face trade mark infringement in Cambodia, they have access to a number of enforcement options to take against infringers and protect their rights. Sending a cease-and-desist letter to an infringer requesting them to stop the infringement is a standard first port of call. If the infringer refuses to comply with the letter's demands, a public notice or warning can be used to help make the public aware of the infringement. Border measures are available to suspend clearance for inspection of alleged counterfeit goods. And of course, criminal and civil actions can be pursued through the police and the courts.

Last month, Utynam was at Managing IP’s International Patent Forum in London to hear updates on patent developments from around the world