Search results for

In the decisions G 2/07 and G 1/08 (the tomato and broccoli cases), the Enlarged Board of Appeal (EBA) of the EPO held that processes for the production of plants containing steps of sexually crossing the whole genome of plants and of subsequently selecting plants are in principle excluded from patentability. In the wake of these cases, the German Bundestag has amended section 2a of the Patent Act, which excluded the patentability of essentially biological processes for breeding plants or animals. The new law specifies that this exclusion shall now extend to plants and animals exclusively obtained by such processes.

In a recent judgment dated June 13, 2013 (Association for Molecular Pathology, Et Al., Petitioners v Myriad Genetics Inc., Et Al), the US Supreme Court held that under US Law an isolated segment of naturally occurring DNA segment is a product of nature and is not patent eligible merely because it has been isolated. On the other hand, the Court affirmed that synthetically created DNA (or complementary DNA, cDNA) is patent eligible and does not present the same obstacles to patentability as naturally occurring, isolated DNA segments.

In a landmark decision on August 30 2013, the Delhi High Court in Akuate Internet Services v Star India, rejected the application of the hot news doctrine in India. In this case, the Board of Control for Cricket in India (BCCI) provided Star India (the plaintiff) with an exclusive right to broadcast matches organised by the BCCI, including the right to all information, such as scores, related to the matches. The defendants captured the scores on a real-time basis and updated their subscribers through text messages. The plaintiff sued for an injunction, based on the hot news doctrine and the tort of unfair competition and alleged that its exclusive rights under the agreement with BCCI were rendered redundant.

Conflicting authorities have been issued by the Australian Federal Court on the boundary of what is patentable in Australia in the area of software and business method patents.

Certificates for plant variety protection (PVP) for P 1972 and Dole 14 Pineapples have been issued by the Center for Plant Variety Protection and Agriculture Permit of the Ministry of Agriculture of Indonesia.

Induced patent infringement holds a person liable for influencing or inducing another person to perform acts that constitute infringement of a patent. The degree of knowledge required to establish induced infringement in Canada is different from some other countries, such as the United States.

In the examination of inventive step, unexpected advantageous effect is an important factor. If the application is rejected based on lack of unexpected advantageous effect, is it possible to allege unexpected advantageous effect by submitting experimental data after the filing of the application? In other words, can the court take into account new evidence which is submitted after the application?

In recent ruling relating to the legal effect granted to coexistence agreements, the Mexican Supreme Court has confirmed the National IP Office (IMPI) criterion determining that they cannot have legal effects in order to allow coexistence of marks held to be confusingly similar, no matter whether the concerned trade mark owners are sister or related corporate persons.

The Decision on the Revision of the PRC Trade Mark Law was adopted by the Standing Committee of the National People's Congress on August 30 2013 and the new amended PRC Trade Mark Law will enter into force on May 1 2014. Here are some of the salient points:

The UAE has recently grown increasingly important as a consumer market, becoming a major hub for regional trade. With a developing economy comes the apparent increase both in the volume and types of counterfeit and infringing products trafficked into and from or through the country. However, brand owners have the option to enforce their rights by taking the necessary measures based on the applicable laws and regulations.