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Haynes and Boone has added Whitney Remily and John Bateman to its Hatch-Waxman/ANDA practice group

Unique features of the telecommunication and IT industries will create specific issues when it comes to determining strategies in the Unified Patent Court, as Tim Powell, Geraldine Quinn and Stuart Knight explain

The Philippine Foreign Investments Act (RA 7042), as amended, has a negative list defining areas or activities open to foreign investors and/or reserved to Filipino nationals. Various foreign chambers have asked for the opening of more activities to foreigners to attract foreign investment. On May 29 2015, the president of the Philippines issued Executive Order Number 184 promulgating the tenth Foreign Investment Negative List (FINL). The most significant change in this list is the relaxation of the list of professions that were otherwise only open to Filipino citizens. The 10th FINL retains only the following professions reserved to Filipino citizens: (1) pharmacy; (2) radiologic and x-ray technology; (3) criminology; (4) forestry; and (5) law.

In the case of Ho Tack Sien & Ors v Rotta Research Laboratorium SpA & Anor; Registrar Of Trade Marks (Intervener) & Another Appeal [2015] 4 CLJ 20, the plaintiff, who is the registered proprietor of the Viatril-S mark for pharmaceutical products in Malaysia, had succeeded in an action against the defendants in the High Court for infringement and passing off of the plaintiff's mark and obtained an order to expunge the Artril-250 mark from the register. The Court of Appeal affirmed the High Court's decision but set aside the plaintiff's claim for expungement. The court held that notwithstanding that infringement was established, the court could still elect not to allow expungement of the Artril-250 mark. The Court of Appeal also held that the Registrar of Trade Marks should be made a party in a rectification or expungement proceeding and the registrar's evidence be heard before the High Court made a finding on the plaintiff's application for expungement.

Education they say should start from the cradle and end in the grave. The thinking of the Indian IPR Think Tank, constituted by Department of Industrial Policy and Promotion, which is responsible for the formulation and administration of overall industrial policy in India as far as IPR education in India is concerned, seems to be in this direction. The first draft submitted by the Think Tank clearly states the need to "progressively introduce IP teaching in schools, colleges and other educational institutions as one of the steps in achieving the objective of Human Capital Development".

Baris Kalayci, Zeynep Seda Alhas and Ali Bozoglu examine a new approach to preventing the sale of smuggled products in the world’s second largest counterfeit economy

Omnibus claims are added to patents in some jurisdictions as a catch all warning to potential infringers. They generally take the form of "the product/method substantially as described with reference to the drawings and/or examples".

Article 4 of the Indonesian Trade Mark Law stipulates that a mark shall not be registered on the basis of an application filed by an applicant who does not have good faith. In its elucidation, it is explained that an applicant having good faith is an applicant that files their mark in an honest and proper way without any intention to imitate, to manipulate or to improperly join a well-known mark owned by another party in order to benefit from the situation that may cause loss to the trade mark owner's side, or create unfair competition, confusing and misleading the consumers.

Major updates have recently been made to Thailand's Customs laws and procedures regarding transit of goods through Thailand and transshipment. In addition, brand owners must now record their marks to comply with the Royal Thai Customs Department's new Customs recordation procedures.

After several years of relative calm, pharmaceutical patents are in the spotlight again in South Africa, with a new Draft IP Policy launched. Russell Bagnall and Dario Tanziani explain why it has been introduced, and discuss the changes proposed