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 48

July/August 2011
  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

Issue 42

July/August 2010
  • 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 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

  • 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

Issue 39

January/February 2010
  • 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 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

  • 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

  • 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