VPATAPP Alert_IIPRD Symposium on Software & Electronics Patent Portfolio With Focus On Preliminary Preparation, Prosecution, And Litigation In India And USA

http://www.iiprd.com/iiprd-symposium-23rd-february-2017-24th-february-2017/

IIPRD and Khurana & Khurana, Advocates And IP Attorneys In Association With Sughrue Mion presents one day seminar on 

Software And Electronics Patent Portfolio With Focus On Preliminary Preparation, Prosecution, And Litigation In India And US

Pune (23’rd Feb 2017) and Bangalore (24’th Feb 2017). 

VPATAPP_Cambodia: first Asian country signing EPO validation agreement

https://www.ip-coster.com/News/cambodia-first-asian-country-signing-epo-validation-agreement/139

On January 23, 2017, the EPO President and the Senior Minister of Cambodia signed an agreement on European Patent validation in Cambodia. The agreement is likely to come into force in July, 2017. Both parties regard the agreement as a positive development. For Cambodia, signing the agreement is expected to raise volume of investment and encourage the country’s economy. On the other hand, it shows increasing global effect of the European Patent and gives more benefits to the European Patent holders. Cambodia is now one of the fastest developing South Eastern countries and is going to be the first Asian state recognising the effect of the European patent. Entry into force of the validation agreement is planned for July 1, 2017, after certain adjustments in Cambodian IP legislation.

VPATAPP Alert_Patent Regulatory Regime Prohibits Parallel Consumer Civil Actions Rooted in Patent Act Breaches

Canadian patent update:

http://www.lexology.com/library/detail.aspx?g=8bdbd7d5-d581-42eb-8338-bd0ddfc06f03

This British Columbia Court of Appeal (“BCCA”) decision confirmed that the patent regulatory regime – that being the Patent Act, RSC 1985, c P-4, the Patent Rules, SOR/96-423 the Food and Drugs Act, RSC 1985, c F-27, the Food and Drug Regulations, CRC, c 870, Part C, Division 8, C.08.004, and the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 – is a complete code which forecloses parallel civil actions rooted in a breach of the Patent Act commenced by consumers. As such, consumers who had paid inflated prices for Viagra during the period during which the drug was protected by a patent which was ultimately found invalid, could not bring a class action for unlawful interference with economic relations and unjust enrichment.. A generic manufacturer can only make a claim for its own losses under the Patented Medicines (Notice of Compliance) Regulations. There is no common law remedy available to consumers for breaches of the Patent Act. If a generic manufacturer has no cause of action against a brand name manufacturer, then an action by a consumer for unlawful interference with economic relations and/or unjust enrichment will similarly not be successful.

VPATAPP alert_Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

http://www.jdsupra.com/legalnews/obama-administration-antitrust-32685/

HIGHLIGHTS:

• In the closing days of the Obama Administration, its antitrust enforcement agencies issued Antitrust Guidelines for the Licensing of Intellectual Property, reaffirming their views that IP licensing is usually procompetitive, but identifying some practices that rightsholders should avoid.
• The FTC also sued Qualcomm over its licensing of patents essential to complying with standards for cellular communications, but its aggressive enforcement positions might not be pursued by the incoming Trump Administration.
• Owners of patents, copyrights and other IP should be aware of the limitations that the antitrust laws place on their licensing activities.

VPATAPP Alert_Free webinar on 'How Bad Data Leads to Bad Decisions'

http://www.ipwatchdog.com/2017/01/24/free-webinar-bad-data-leads-bad-decisions/id=77572/

Free webinar

Imagine you just recently acquired a fitness technology company for upwards of $150 million and shortly thereafter you are sued by your biggest competitor over alleged willful infringement of 10 of their patents. Could this have been avoided? Should this have been avoided? What could have been done to at least become informed of the potential risks and calculate them into the deal or acquisition price?

VPATAPP Alert_US Software Patent Law Developments

http://www.lexology.com/library/detail.aspx?g=f03c13e0-5a57-48d9-960e-3f1d688c46a8

The Post-Alice Environment for US Software Patents

VPATAPP Alert_December 2017 launch envisaged for new Unified Patent Court in Europe

http://www.out-law.com/en/articles/2017/january/december-2017-launch-envisaged-for-new-unified-patent-court/

A December 2017 launch date is envisaged for the new Unified Patent Court (UPC), according to the body tasked with laying the foundations for the new judicial system to take effect.

The Committee said: "The Preparatory Committee is now working under the assumption that the provisional application phase (PAP) will start end of spring 2017, presumably in May, and that the Agreement on the Unified Patent Court (UPCA) can enter into force and the Court become operational in December 2017."

VPATAPP Alert_Significant Reforms to Turkish Industrial Property Laws

http://www.lexology.com/library/detail.aspx?g=4fc50a9e-6b91-49ab-ac33-f5ce304cb009

Specific Changes for Patents: 

– Post-Grant Opposition System: The IP Law introduces a post-grant opposition system, whereby third parties can now oppose a patent within six months of publishing the decision stating that the patent is granted.

– Compulsory License Criteria Expanded: In addition to the criteria listed in Decree Law, The IP Law introduces following grounds for compulsory license:

– Export of pharmaceutical products in case of public health in other countries, in line with the TRIPS Agreement.

– Plant breeders which cannot develop a new breed without infringing a patent.

– Patent owners which behave in a manner to restrict, prevent or damage market competition.

– Omission of Protection for Patents Granted Without Substantive Examination: It is now compulsory to request a substantive examination within three months of notification of the search report.

– Non-Patentable Biotechnological Inventions: The scope of non-patentable inventions is expanded. Accordingly, biological processes regarding plant or animal varieties (or production thereof) are considered non-patentable. An exception applies to microbiological process, or products obtained by means of such process.

– Reviving Abandoned Patents Due To Non-Payment of Maintenance Fees: Patent holders can revive a patent which has lapsed due to failure to pay the annual maintenance fee in time.

VPATAPP Alert_Arrow declarations can be granted: Fujifilm v AbbVieP Arrow declarations can be granted: Fujifilm v AbbVie

http://ipkitten.blogspot.in/2017/01/arrow-declarations-can-be-granted.html

Arrow declarations can be granted: Fujifilm v AbbVie

The Court of Appeal decided yesterday that the High Court can, as a point of principle, properly grant declarations that a product lacked novelty or an inventive step at a particular date, see Fujifim Kyowa Kirin Biologics Co., Ltd v AbbVie Biotechnology Limited and Others [2017] EWCA Civ 1. This issue will now be considered at trial - the first of which is due to commence on Monday 16 January 2017.  A declaration in these terms is described as an Arrow declaration, due to the form of relief sought in Arrow Generics Limited v Merck & Co. Inc. [2007] EWHC 1900 (Pat), which settled before trial. 

VPATAPP alert_Lex Machina Q4 2016 Litigation Update

https://lexmachina.com/q4-litigation-update/

US district court patent litigation updates.

VPATAPP Alert_New Year's resolutions for protecting your intellectual property

http://newsok.com/article/5534227

It is 2017 and time for New Year's resolutions. People are hitting the gyms and considering diet plans to ensure a healthy and fit 2017. 

Tynia A. Watson is an attorney with Crowe & Dunlevy and a member of the firm's Intellectual Property Practice Group.

VPATAPP Alert_IIPRD Symposium on Software and Electronics Patent Portfolio with focus on Preliminary Preparation, Prosecution, and Litigation in India and US

http://www.iiprd.com/iiprd-symposium-23rd-february-2017-24th-february-2017/

IIPRD and Khurana & Khurana, Advocates and IP Attorneys in association with Sughrue Mion presents one day seminar on 

Software And Electronics Patent Portfolio With Focus On Preliminary Preparation, Prosecution, And Litigation In India And US

Pune (23’rd Feb 2017) and Bangalore (24’th Feb 2017). 

VPATAPP Alert_Canadian IP law and practice in 2016

http://www.jdsupra.com/legalnews/canadian-ip-law-and-practice-in-2016-59700/

1. Test for obviousness-type double-patenting clarified;
2. Patent and trademark agent privilege recognized;
3. CETA signed, enabling legislation introduced in Canada’s Parliament

4. Issue payment underpayment does not render patent invalid

5. Canada’s Competition Bureau releases revised IP enforcement guidelines

and much more

by

Nelson Godfrey,

Neil Padgett  

| Smart & Biggar

VPATAPP Alert_WIPO Translate – Instant Patent Translation

WIPO Translate is free of charge and available through the PATENTSCOPE database.

http://www.wipo.int/patentscope/en/wipo-translate/index.html