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Australia: Achieving early generic/biosimilar market entry

Australia20-04-2022Naomi Pearce and Katrina Crooks

New developments in Australia’s Patent Office and its courts have confirmed that overturning a patent term extension may be the “sleeper” strategy to achieve early generic/biosimilar market entry in Australia.

Africa: creative sectors need copyright reform

Africa19-04-2022Stephen Hollis

Last year, 2021, was declared by the United Nations as the International Year of the Creative Economy for Sustainable Development, in recognition of the potential that creative and copyright industries hold to become key drivers of economic growth in developing countries.

India: The benefits of joint defence in multiparty infringement suits

India09-12-2021DPS Parmar

As a well-planned strategy, joint defence is popular among large patent-holding companies to file patent infringement lawsuits that involve multiple defendants. This is particularly true in cases where a patent holder in the pharmaceutical field seeks to enforce its rights against many generic manufacturers.

US: The different types of US patents

07-12-2021Paul J Sutton

Many people, lay and professional, are not aware that there are several different types of US patents available to inventors. Some use the word patent to describe only what they call “mechanical” and “design” patents.

Italy: A new step in IP harmonisation

Italy06-12-2021Mauro Bronzini

The recent Decree No. 119 promulgated by the Ministry of Economic Development on June 1, 2021, and entered into force on September 9, 2021, amends the Implementing Regulation of the Industrial Property Code, and represents a progress in the harmonisation of the national legal system after the EU Directive No. 2015/2436 and a subsequent Legislative Decree of 2019.

Russia: A new way to protect designs

EU, Russia28-11-2021Irmeli Nokkanen and Mariya Beltyukova

The Eurasian Patent Office started accepting Eurasian design patent applications in June this year, adding another route for applicants seeking protection in the region, explain Irmeli Nokkanen and Mariya Beltyukova of Papula-Nevinpat.

The Netherlands: Forum shopping 2.0

Netherlands16-11-2021Michiel Rijsdijk and Robin Keyner

The plaintiff, Hanwha Solutions Corporation is part of the Hanwha Group. The Hanwha Group is a South Korean conglomerate active in, inter alia, solar energy. Hanwha is specialised in the development, production and sale of solar panels.

US: To patent, or not to patent?

12-11-2021Paul J Sutton

The title of this article, intentionally borrows from the opening phrase given by Prince Hamlet in William Shakespeare’s play “Hamlet”: “To be, or not to be”.

Australia: Is there an Australian rocket docket for pharma?

Australia10-11-2021Naomi Pearce and Katrina Crooks

Australian Federal Court judges are prepared to expedite patent disputes when they are satisfied that the commercial reality requires it, and to use case management strategies to avoid foreseeable litigation quagmires. While there is no “rocket docket” in Australia, we have seen complex pharma patent disputes set down for hearing within five, ten and 11 months of filing in the New South Wales and Victorian registries.

Africa: challenges of the Madrid System

Africa19-10-2021Jenny Pienaar and Kareema Shaik

The international registration system counts many African states as members but its use is patchy, explains Jenny Pienaar and Kareema Shaik of Adams & Adams Attorneys.

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