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By its interlocutory decision dated July 17 2015 (T 557/13), one of the EPO's chemical boards of appeal has referred the issue of so-called self-collision or toxic divisional to the Enlarged Board of Appeal. In essence, the questions to be addressed by the Enlarged Board relate to possible citability under article 54(3) EPC of a parent application against its own divisional or vice versa. Such citability is in principle rendered possible if the following conditions are met:

Since 2001, Australia has had a second tier innovation patent system that provides a very fast patent grant with a limited term, delayed examination and no obviousness test, but rather a reduced innovative step test.

As anticipated in previous articles, the new Civil and Commercial Argentine Code came into effect on August 1 2015, and consequently both the former Civil and Commercial codes were abrogated. Among the regulations that are of interest in our area, we can mention the following:

The opening of Myanmar’s economy presents many opportunities for international brands. Tran Manh Hung and Luc Tung Phong explain how companies can use franchising agreements to enter the market

India and Brazil have a rich bio-diversity. In an attempt to conserve the rich biological diversity and to ensure the sustainable use of the biological resources with adequate benefit sharing arising out of the exploitation of the biological resources, both countries enacted national laws following the UN Rio Convention on Biological Diversity, 1992.

This month, Utynam rounds up some of the IP-related stories in the media during July and August, and takes a trip to see some patent attorneys perform

The Commercial Court of Jakarta has refused a trade mark cancellation lawsuit (number 15/Pdt/Sus-Merek/2015/ PN.Niaga.Jkt.Pst) filed by French designer Pierre Cardin against Alexander Satryo Wibowo.

To meet demand for sustainable energy efficient processes for chemical and material production, Saudi Arabia Basic Industries Corporation (SABIC) executed a master research agreement (MRA) with National University of Singapore (NUS) on July 7 2015. The MRA will enhance research and collaboration in the fields of chemistry, chemical engineering and material science, and facilitate technical exchange between SABIC and NUS. Under the agreement, joint research efforts will focus on advanced chemical process development for energy efficiency, development of solutions for advanced sustainable materials and process equipment design. The aim of these efforts is to identify specific projects that will help develop solutions to meet the increased demand for lighter, cleaner and more efficient sustainable solutions as a result of heightened consumer awareness and the strain on natural resources brought on by rapid urbanisation.

In Taiwan, the determination of patent validity is a dual-track system. According to the Intellectual Property Case Adjudication Act, the IP Court will independently rule on patent validity issues in IP-related civil procedures. On the other hand, an alleged infringing party can file an invalidation action with the IP Office to challenge the validity of the patent in accordance with the Patent Law. When the validity of a patent is determined differently in final conclusive civil and administrative decisions, how the issues would be dealt with has thus received much attention. In this regard, in a recent rehearing case relating to a civil patent infringement litigation, the IP Court and the Supreme Court came to different opinions.