Management report

From time to time, issues of IAM feature management reports that take an in-depth look at a specific industry or practice area. Written by acknowledged experts in the field being covered, these reports are designed as user-friendly briefings that will keep readers up to date with the latest developments and cutting-edge thinking.

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Issue 53

May/June 2012
Issue #53

Issue 48

July/August 2011
Issue #48
  • Pharma patents: tips and tricks to optimise and secure patent protection

    The successful building and handling of a strong pharmaceutical patent portfolio requires a great deal of engagement and proactivity. Neglecting just one factor could be sufficient to compromise an otherwise high-quality patent; a patent is only as strong as its weakest link read more

  • Regulatory activities and infringement of pharmaceutical patents in Sweden – what is the connection?

    The EU IP Rights Enforcement Directive makes interlocutory injunctive relief available where infringement has been attempted or where preparations for infringement have been made. So, can the act of seeking and obtaining marketing authorisation or price approval for a generic product qualify as an attempt to infringe or prepare for infringement? read more

  • Patent licensing in the life sciences industry

    It is not always easy to gain ownership of valuable IP assets through one’s own inventiveness. As such, a key way of remaining profitable and competitive is by acquiring licences from the legitimate owners of IP assets. In recent years, many pharmaceutical and biotechnology giants have begun licensing Indian technology read more

  • Bilski’s impact on medical method patents

    The Bilski court held that abstract ideas cannot be patented, but recent months have provided clear indications that medical treatments and methods are patentable. However, patent applicants and practitioners should not allow this to distract them from the other requirements for patenting; all claims must still pass the novelty, obviousness and disclosure requirements read more

  • SPCs: uncertainties, opportunities and threats

    Although supplementary protection certificates (SPCs) have been available since 1993, uncertainty remains concerning their grant, validity and scope. A number of cases concerning the interpretation of some fundamental aspects of the SPC regulations are now before the European Court of Justice read more

  • Approval of follow-on biologics in Mexico

    Although the period for the Mexican Ministry of Health to issue regulations on the approval of biocomparables has expired, the draft regulations are still being reviewed, with input from the Mexican Association of Pharmaceutical Research and the National Association of Drug Manufacturers read more

  • Patentability of stem cells

    Stem cells can “transform into a dazzling array of specialised cells that make us what we are”. As such, they have great potential in many different areas of health and medical research, but their patentability has long been the source of controversy read more

Issue 42

July/August 2010
Issue #42
  • Trade secrets in Germany

    In Germany, “trade secrets” comprise a broad variety of information, including technical know-how, commercial data and other business information. Examples of information that can constitute a trade secret include lists of addresses, documents of commercial offers, composition of materials, sources of supply, computer programs and their source code, information about production processes, lists of customers or suppliers, market research data, price calculations and drawings. read more

  • Trade secrets in Japan

    A “trade secret” is defined as any production method, sales system or other useful technical or operational information related to a business activity that is not known to the public and that has been kept in confidence (Section 2(6) of the Unfair Competition Prevention Act). read more

  • Trade secrets in the United States

    There is no statutory definition of a trade secret in the United States. However, there is a trend towards achieving some uniformity, with 46 states having adopted various statutes modelled after the Uniform Trade Secret Act (UTSA). The UTSA is a model law drafted by the National Conference of Commissions on Uniform State Laws. States that have not adopted the UTSA (eg, New York), have adopted their own state statutes and/or continue to apply common law. read more

  • Trade secrets in Mexico

    The Mexican legal system establishes protection for some, though not all, information. The elements that any given information must include in order to be considered as a trade secret are set out in Articles 82 and following of the Industrial Property Law. read more

Issue 39

January/February 2010
Issue #39
  • The landscape of change in China

    As China speeds towards becoming an innovation-based economy, foreign businesses have no choice but to engage with the Chinese IP system. However, uncertainties in the efficacy of that system mean that due diligence is more vital than ever for rights holders read more

  • Trying patent cases in US federal courts: telling the story behind the technology

    Presenting patent cases is as much about how you tell it as what you tell. A compelling, well-rehearsed story about the obstacles an inventor has overcome to secure a patent is key to helping a judge and jury comprehend complex technical issues read more

  • Is Japan a hostile environment for patents?

    Despite low attorney fees, high damages and relatively fast trials, the number of patent cases being initiated in Japan is falling. Some commentators argue that Japanese patent litigation is actually antipatent, which may be affecting the number of cases filed read more

  • The role of the expert witness in calculating damages

    The Federal Circuit Court of Appeals has set aside a US$358 million damages award in Lucent v Gateway, finding that the evidence was insufficient to support the jury’s verdict. The case provides some useful guidance on the role of expert witnesses in working out damages read more