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29 January 2008

Compliance with the written description requirement in chemical and pharmaceutical patents

The written description requirement in the chemical and pharmaceutical industries is based on a unique, everevolving factual situation necessitating the application of what would otherwise be a technology-neutral statute. In light of the range of issues presented, drafting, prosecution and enforcement strategies have become more complicated, with the courts providing a rather ambiguous guide as to what is sufficient.

29 January 2008

International integration triggers IP development

During a visit to Vietnam in August 2007 Robert Zoellick, chairman of the World Bank, remarked that “Vietnam is the success story of development”. Since Bill Clinton’s visit in November 2000, which for many heralded the openingup of Vietnam to business after decades of post-war isolation, this has been the country’s aim.

29 January 2008

Amending the Patents Act: major changes on the horizon

Until 1995, the Netherlands Patent Office (NPO) granted patents only after substantive examination, in which a technical examiner assessed whether the invention claimed in the application was new and involved an inventive step.

29 January 2008

Modernisation of IP law continues

In recent years various changes have been made to Spanish IP legislation, as outlined in previous chapters of IP Value. Developments have concerned the laws on patents (biotechnology and the Bolar clause in 2002 and 2006), industrial designs (a new act in 2003) and trademarks (a new act in 2002), as well as IP rights in general (implementation of the EU IP Rights Enforcement Directive in 2006).

29 January 2008

Tackling inactivity: legislative remedies against the PTO

This chapter looks at the remedies available to trademark and patent owners when the Venezuelan Patent and Trademark Office (PTO) fails to issue a decision on a trademark or patent application within the timeframe established by the law.

29 January 2008

Is Poland sufficiently armed for the war on counterfeiting?

In April 2007 the Polish people welcomed the news that Poland and Ukraine had been selected by the executive committee of the Union of European Football Associations (UEFA) as joint hosts of the UEFA EURO 2012 Championship Finals.

29 January 2008

Trademark oppositions: extending protection against bad-faith registrations

This chapter considers two aspects of trademark oppositions in Hungary. The first part deals with the opposition process, which was introduced only upon Hungary’s accession to the European Union.

29 January 2008

Implementing the EU IP Rights Enforcement Directive: an ongoing challenge

On April 29 2004 the European Parliament and the European Council adopted the EU IP Rights Enforcement Directive (2004/48/EC).

29 January 2008

European patent system: the growing need for reform

Even patent practitioners find it hard to rationalise the complexities of the European patent system. To start with, there is no one European system, but rather two distinct systems through which patents can be granted in European countries.

29 January 2008

Don’t get your wires crossed: common pitfalls in licence agreements

As more companies introduce inspection programmes and thus need to perform royalty investigations of their licensees, misreported royalties continue to be found on a regular basis. The reasons for these misreported royalties are numerous and fall into four broad categories

29 January 2008

Progress in IP protection – but much still to be done

In the past few years Indonesia has made some progress in strengthening its IP protection regime by passing new laws and regulations.

29 January 2008

IP owners reap benefits of innovative protection measures

This chapter looks at recent developments regarding IP rights and protection, and analyses the ongoing battle against piracy and some recent IP cases heard by the Malaysian courts.

29 January 2008

Changes to IP legislation ring in the new year

On December 18 2006 the president signed Federal Law 230-FZ introducing Part IV of the Civil Code and Federal Law 231-FZ enacting Part IV of the Civil Code. Part IV comes into force on January 1 2008.

29 January 2008

Recent developments in intellectual property

This chapter looks at the major IP developments in China and Hong Kong over the past year.

29 January 2008

Protecting well-known and famous marks: a global perspective

What are famous trademarks and why are they entitled to more protection than standard trademarks? How do international treaties extend protection for famous trademarks? How do local laws extend protection for famous trademarks? What are the limitations of these treaties and laws? Are there steps that companies with famous marks should take to secure protection?