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  • In a recent judgment, the Athens First Instance Court accepted a preliminary injunction action filed by various collecting societies representing producers and authors of works against various internet service providers (ISPs) and granted an injunction containing technological measures against them.
  • The term 'pro-drug' is used to describe a pharmacologically inactive form of a drug that becomes therapeutically active in the human or animal body. Metabolites are derivatives from the active ingredients that are produced in vivo. Pro-drugs and metabolites are thus interlinked. A pro-drug is generally designed to improve the physical and chemical properties of a parent drug to enable formulation development, improve delivery, and/or achieve targeting.
  • On October 10 2012 the Karnataka High Court passed an interim injunction in favour of Homag India (the plaintiff), restraining its former employee (first defendant) and his new employer (second defendant) from engaging in any business that uses the confidential information of the plaintiff, whether in the form of technical data, information pertaining to pricing, customer lists or know-how relating to certain products.
  • In a December 2010/January 2011 briefing in Managing Intellectual Property we made reference to a judgment rendered by the Court of Appeals in Civil Matters, Division D, of August 2010, in relation to the liability of search engines regarding the content of websites published by third parties.
  • Judge Colin Birss loses his cool, while a Polish lawyer gets a little too aggressive
  • The Australian Patent Office has released new draft regulations directed at substantially curtailing response periods for patent prosecution and opposition.
  • The Dutch Supreme Administrative Court has decided that the requirement to file a translation of a European patent into Dutch is not a violation of the TRIPs or PCT treaties.
  • On December 10 2012 the Madrid Protocol takes effect in New Zealand and can be designated by overseas companies wishing to protect their brands in New Zealand.
  • The general test for anticipation in the Pakistan Patents Ordinance 2000 is that an invention must not form part of the "state of the art"; that is it must not be disclosed to the public anywhere in the world by publication in tangible form, by oral disclosure, use or in any other way. Whether or not such a disclosure is enabling or makes the underlying technology available to the public is not decisive. Given this, a prior generic disclosure of a new chemical entity (NCE) in the so-called Markush grouping claim format, followed by a specific listing or enumeration of a 'species' is anticipatory whether or not the 'species' is actually made and tested or could not be made or tested by the person skilled in the art. On the other hand, because of the statutory exclusion of new or subsequent uses of a known product or process from the scope of patentable subject matter, such a disclosure 'as such' does not give rise to a right to re-claim the invention in a later patent even if its subsequent use in the same or a different field is not anticipatory.
  • As we get closer to Christmas we receive unexpected gifts from the Chamber of Patent Disputes. Back in October 2010 A Livensk Confectionary (named after a small town of Livny some 400 miles south of Moscow) filed a trade mark application for Christmas Lamb for goods in Class 30.