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Region: Asia-Pacific

India: the pharmacy of the world and its patent landscape

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2023

Launching products in the Indian market requires comprehensive strategies to navigate the complex legal and regulatory landscape. One cannot extend the term of patent protection using supplementary protection certificates or patent term adjustments, so it is crucial to take proactive measures to secure a longer enforceable protection period.

25 August 2023

Australia: patent-term extension developments and challenges

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2023

PTEs in the pharmaceutical space are a key way for innovators to recoup R&D costs – however, they are often challenged by generics manufacturers. An uptick of such cases in Australia could prompt a reassessment of how courts handle such issues, which would have a significant knock-on effect on the country’s life sciences landscape.

25 August 2023

Much-Needed Clarity on Software Patentability Boosts Protection and Enforcement in India

Featured in Asia-Pacific Patent Litigation Review 2024

With India emerging as the fifth largest economy in the world, courts have sought to address the need for change in the way that software patents are examined. Given the speed at which the global digital landscape is evolving, it is imperative that India can keep up.

25 August 2023

Australia: Three Superior Court Decisions Look Set to Have Serious Patent Implications

Featured in Asia-Pacific Patent Litigation Review 2024

The last year may well prove to be a pivotal one for Australian IP litigation, with cases that touch upon subjects as diverse as eligibility requirements for computer-implemented inventions, damages for higher prices paid to a pharmaceutical company during a preliminary injunction and whether AI platforms are entitled to apply for patents.

25 August 2023

How to Build an Effective Assertion-Based SEP Licensing Programme in China

Featured in Asia-Pacific Patent Litigation Review 2024

As the licensing ecosystem becomes increasingly complex, assertion can be a pragmatic tool in the negotiation practice and a well-planned strategy is crucial. When approaching SEP dispute resolution in China, there are several popular courts worth considering.

25 August 2023

Japan: Unexpected Shift Sees Courts Become Increasingly Pro-Patentee

Featured in Asia-Pacific Patent Litigation Review 2024

Japan used to be recognised as anti-patentee jurisdiction. However, a recent swing towards litigation signals a change in this, while new numbers show that the success rate for patentees has doubled in the past five years.

25 August 2023

India: Key SEP and Antitrust Challenges Demonstrate Judicial Desire to Strengthen Patent Regime

Featured in Asia-Pacific Patent Litigation Review 2024

In 2022 the spotlight for global patent jurisprudence was fixed firmly on India. Legislative overhauls, landmark decisions in the SEP and life sciences spaces and the first decision on antitrust and patent law all signal a clear aim to refine patent jurisprudence and modernise India’s IP regime.

25 August 2023

South Korea: Recent Legislative Reforms and Judicial Efforts Expected to Improve Patent Enforcement Environment

Featured in Asia-Pacific Patent Litigation Review 2024

The Korean government is committed to making the country global hub for litigation, with an increased focus on the courts and two critical legislative reforms on discovery and increased damages.

25 August 2023

Philippines: Low Numbers of Filings Expose Key Challenges in Pursuing Litigation

Featured in Asia-Pacific Patent Litigation Review 2024

Although application numbers are on the rise, the cost, length and venue of litigation are just some of the deterrents preventing rights holders from filing litigation in the Philippines. It is imperative to meet these challenges in order to incentivise enforcement and encourage innovation.

25 August 2023

Value of Damages Awards Rockets Since Fourth Amendment to China’s Patent Law

Featured in Asia-Pacific Patent Litigation Review 2024

Since punitive damages were officially introduced into China’s patent infringement system, the amount of the awards being granted has dramatically increased. Although the value is not as high as those in the United States, this changing attitude is sparking optimism among attorneys for a bright future of stronger IP protection.

25 August 2023