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IP in the life sciences industries 2011 - Issue 48
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 View PDF
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 View PDF
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 View PDF
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 View PDF
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? View PDF
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 View PDF
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 View PDF
Trade secret protection - Issue 42
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. View PDF
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. View PDF
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). View PDF
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. View PDF
IP litigation strategy 2010 - Issue 39
The landscape of change in China
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 View PDF
Is Japan a hostile environment for patents?
Japan 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 View PDF
The role of the expert witness in calculating damages
USA 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 View PDF
Trying patent cases in US federal courts: telling the story behind the technology
USA 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 View PDF
Patent pools - Issue 37
Patent pools in practice
USA Patent pools help markets develop and accelerate the adoption of technology standards while saving patent owners time and expense. They can bring order to a chaotic IP landscape View PDF
Patent pools in China
Hong kong China was initially suspicious of patent pools, viewing them as a threat to national interests. However, there is now a growing appreciation of the importance of joining pools and creating its own technologies, rather than resisting them View PDF
Patent pools in high-tech industries
USA Patent pools are the ideal solution wherever an independently administered, one-stop patent licence would be a convenient alternative providing efficient access to core patented technology View PDF
A FRANDly dud – patent smurfs defeated
Germany A recent German Federal Court of Justice decision on the FRAND defence strikes the perfect balance between the interests of patent owners and those of parties seeking a licence to their technology View PDF
A guide to business method and software patent protection - Issue 35
Computer-implemented inventions – the German view
Germany The German Federal Court of Justice is essentially in line with the EPO Boards of Appeal in their rulings on the patentability of computerimplemented inventions. Both require that an invention have a technical character in order to be patentable View PDF
Business method and software patent trends in India
India Stakeholders agree that stronger protection is needed for software inventions in India, but the form that protection should take – and the patentability of such inventions themselves – are more contentious issues View PDF
The hows and whys of software patent protection
China Obtaining patent protection for software can be challenging since requirements vary from jurisdiction to jurisdiction – as historical and prevailing trends in the United States, Europe and China bear out View PDF
Netherlands Obtaining patent protection for software can be challenging since requirements vary from jurisdiction to jurisdiction – as historical and prevailing trends in the United States, Europe and China bear out View PDF
USA Obtaining patent protection for software can be challenging since requirements vary from jurisdiction to jurisdiction – as historical and prevailing trends in the United States, Europe and China bear out View PDF
Patentable subject matter in the US: past, present and future
USA The landmark Bilski decision has left commentators divided as to the fate of business method and software patents in the United States: some believe they will be harder to obtain and enforce, while others view the ruling as confirmation of their viability View PDF
Commercialising university IP - Issue 34
The Indian version of the Bayh-Dole Act
India A bill that would allow governmentfunded academic institutions to patent their inventions has received a mixed reception. It should result in greater interaction between industry, academia and government, but some fear it does not protect the public interest View PDF
How does your licence agreement address timely issues?
USA Licensing deals are negotiated and licensing agreements written in real time. A robust pro forma licence agreement can save hours of transaction time at critical points in a deal View PDF
The truth about business method patents
USA Business method patents are still alive and well in the United States. However, the Federal Circuit’s landmark Bilski decision is a reminder that they must meet the “machine-or-transformation” test, like any other process claim. View PDF
Options available when commercialising university IP
China By implementing a sound and flexible IP management process, universities can spot the technologies most suitable for exploitation and give them a good start in life. For those that do so, there are rich rewards to be reaped View PDF
England By implementing a sound and flexible IP management process, universities can spot the technologies most suitable for exploitation and give them a good start in life. For those that do so, there are rich rewards to be reaped View PDF
IP and the internet - Issue 32
Collective licensing of online music in Europe
The European Commission has been at the forefront of recent rapid changes to online music licensing in Europe View PDF
Trademarks on the internet – the US perspective
Uncertainty is the name of the game for trademark owners in the US seeking to understand how internet affects their rights View PDF
Key online copyright Key online copyright
The rapid evolution of the internet exemplified by the Web 2.0 phenomenon brings new challenges, in particular for rights owners struggling to police the vastness of the web and cope with the exponential replication of content View PDF
Keywords, metatags and hyperlinks – the legal position in Europe
European courts often have conflicting views on how to deal with the legal challenges posed by keywords, metatags and hyperlinks View PDF
Litigation focus - Issue 31
Litigation focus
Because intellectual property is a legal right, in the end it only has value if those that own it are ready to go to court to defend what they have. A company that is prepared to stand by and watch others infringe its patents, trademarks, copyrights or trade secrets will not be in business for long. Certainly, its shareholders will very quickly begin to ask questions. View PDF
Outsourcing - Issue 25
Outsourcing
There is no doubting that these days outsourcing is a multi-billion dollar business. And it is not hard to see why, as companies are in a position to save substantial amounts of money when they send out work to be done by third parties at a fraction of the amount it would cost for the same to be done in-house View PDF
IP finance and monetisation - Issue 23
IP finance and monetisation
Subscribers to IAM will be familiar with the fact that intangible assets are now more valuable to companies than they have ever been before. View PDF
Germany focus - Issue 21
Raising the roof with a successful IP strategy
In the field of automotive component production, Webasto AG is a seasoned player. Its slick and streamlined IP department, along with excellent lines of communication, means it is well placed to extract maximum value from its rights, as well as get an edge in the market View PDF
Life sciences companies follow different paths to success
Nothing signifies Germany’s determination to position itself as a hub in the knowledge economy better than its life sciences industry. And, as in other countries, companies in the sector have contrasting approaches to commercialising their intellectual property View PDF
Inside Europe’s IP powerhouse
In this special roundtable, three leading experts discuss major issues currently facing IP owners in Germany View PDF
Germany’s IP challenge
Switzerland Although German companies have a strong innovative tradition, they must use intellectual property creatively if they are to be successful in meeting the economic challenges of the 21st century View PDF
Litigation strategy focus - Issue 20
Litigation strategy focus
Because intellectual property is a legal right, in the end it only has value if those that own it are ready to go to court to defend what they have. A company that is prepared to stand by and watch others infringe its patents, trademarks, copyrights or trade secrets will not be in business for long. Certainly, its shareholders will very quickly begin to ask questions. View PDF
