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News & Analysis

Change to patent examiners manual creates uncertainty

01 September 2018 by FB Rice

It is a long-standing principle of Australian patent law that determining whether or not a patent application is directed towards patentable subject matter should be done separately to determining issues of novelty and inventive step.
News & Analysis

One Belt One Road brings opportunity and risk

01 September 2018 by Lee Chiao Ying

One Belt One Road (OBOR) is a government initiative proposed by China’s President Xi Jinping in September 2013 for joint economic development spanning 65 countries
News & Analysis

Court decides on cases concerning a claim term mistake and utility

31 August 2018 by Managing Intellectual Property

The decision of the Full Federal Court in GlaxoSmithKline (GSK) Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (2018) FCAFC 71 (May 10 2018) indicates that a mistake in a claim cannot be ignored even where the skilled person understands that a mistake has been made.
News & Analysis

Court affirms validity of crestor patent

02 July 2018 by Takanori Abe

Shionogi is the owner of a patent entitled Pyrimidine Derivatives (JP2648897). X filed a request for a trial for invalidation of the patent. Nippon Chemiphar intervened in the trial as a plaintiff, and AstraZeneca UK intervened in the trial in order to support the defendant.
News & Analysis

Examining the droit moral of integrity

02 July 2018 by Managing Intellectual Property

In Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.
News & Analysis

Grand justices issue interpretation concerning doctrine of recusal

02 July 2018 by Managing Intellectual Property

Taiwan’s Council of Grand Justices issued Interpretation No 761 on February 9 2018, addressing the issue of whether or not judges and technical examiners at the Intellectual Property Court (hereinafter referred to as IP Court) are obliged to abide by Article 19.3 of the law on administrative litigation.
News & Analysis

Use of the same mark for alcoholic and non-alcoholic products

02 July 2018 by Daniel Greif

The Thai Alcohol Control Act (the ACA) B.E. 2551, enacted in 2008 sets out the legal framework for trade restrictions on alcoholic beverages in Thailand. Along with the related implementing Ministerial Regulations, the ACA has had implications for trade mark owners’ rights.
News & Analysis

AG provides an advisory opinion on Article 3(a) of the SPC Regulation

02 July 2018 by Sybille Pfender

At the end of April 2018, Advocate General (AG) Wathelet handed down an advisory opinion regarding the first of three recent referrals to the CJEU (C-121/17). This concerns the interpretation of Article 3(a) of Regulation (EC) No 469/2009.
News & Analysis

In-house: The corporate IP stars of 2018

29 June 2018 by Managing Intellectual Property

Managing Intellectual Property's list of highly recommended in-house IP counsel for 2018 revealed
News & Analysis

Getting to the root of the Olaplex v L’Oréal patent case upset

25 June 2018 by Bethan Hopewell

Bethan Hopewell of Powell Gilbert summarises the English High Court's ruling over a patent dispute concerning a popular hair product
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