NOPR Collection:

Enforcement Directive and Harmonisation of Remedies for Intellectual Property Infringement in the EU

2016-07-20T05:17:44Z

Title: Enforcement Directive and Harmonisation of Remedies for Intellectual Property Infringement in the EU Authors: Cook, Trevor Abstract: Directive 2004/48/EC on the enforcement of intellectual property rights harmonises various aspects of civil court procedure and remedies as applied to most types of intellectual property in the European Union. Despite having now been in effect for over 10 years, it has until recently featured remarkably little in EU intellectual property litigation and there have been very few references to the Court of Justice that have exclusively concerned it.Thus there has been no opportunity to cast light on what is meant by the rather vague language in which it is expressed. This situation is now starting to change, and the various controversies the subject of the current references to the Court of Justice under it are reviewed in this article. The results of this process of interpretation will not only affect all national courts hearing intellectual property cases throughout the EU; they will also bind the new Unified Patents Court when that comes into force, despite the fact that in some cases the corresponding wording of the underlying Agreement which establishes the new Unified Patents Court, and which wording is based on the Enforcement Directive, deviates from it. Page(s): 264-269

Patent Portfolio Analysis of Hair/Scalp Cosmeceuticals

2016-07-20T05:16:30Z

Title: Patent Portfolio Analysis of Hair/Scalp Cosmeceuticals Authors: Pawar, Mahesh Abstract: The paper identifies the patenting trend of calp health actives in a leave-on product. A landscape of innovation portfolios generated through R&D in scalp care and hair care segment has been investigated covering six years period i.e. from 2008 to 2013. Patents have been classified based on benefit from active ingredient, number of benefits from active ingredient, nature of active ingredient, assignee, priority year, country of origin and container/applicator system. The patenting trend indicates that more research is going on products with natural extracts because of consumer preference over synthetic chemicals for the scalp treatment. Analysis of the data revealed that Henkel, L'Oreal, Amorepacific Corporation, Unilever and Procter & Gamble are the leaders in patenting. Geographical mapping shows extensive patent application by South Korea as priority country followed by USA, Japan, China, and Germany. Maximum number of patents claimed for antidandruff benefit from the active. Page(s): 250-263

Transplantation of Foreign Law into Indonesian Copyright Law: The Victory of Capitalism Ideology on Pancasila Ideology

2016-07-20T05:14:51Z

Title: Transplantation of Foreign Law into Indonesian Copyright Law: The Victory of Capitalism Ideology on Pancasila Ideology Authors: Saidin, O K Abstract: The Journey of Indonesian history has 350 years experience under the imperialism of Netherland and Japan until the era of post-independence which was still under the shadow of the developed countries. The Indonesia became more and more dependable on the foreign countries which brought influence to its political choice in regulating the Copyright Law in the following days. Indonesian copyright protection model which economic goal firstly based on the country’s Pancasila philosophy, evidently must subject to the will of the era that move towards liberal-capitalist. This era is no longer taking side to Indonesian independence goal to realize law and economic development based on Pancasila, especially the first, fourth, and fifth sila (Principle). The goal of law and economic development in Indonesia, regulated under the paradigm of democratic economy is to realize prosperous and equitable society based on Indonesian religious culture principle that can no longer be realized.

Pancasila as the basis in forming legal norms in Indonesia functioned as the grundnorm which means that all the legal norms must be convenient and not to contradict the principles of the basic state philosophy of Pancasila. But the battle of foreign ideology in legal political choice through transplantation policy, did not manage to give the victory to Pancasila as the country’s ideology, but to give the victory to the foreign capitalistic ideology instead. It resulted with the non-enforcement of Copyright Law. Borrowing the term used by Van Vollenhoven – the rejection on Indonesian Copyright Law was not because of the weak legal sanction, but due to the failure in the law enforcement, because the legal substance regulated in copyright laws that ever enacted in Indonesia, have never been part of their law; never been part of the nation’s soul, or have never been the law of Indonesian society, but it is a law that was transplanted, and forced to be enforced in Indonesia. One law that is originated from capitalistic ideology, not originated from Pancasila ideology. This is the end of the ideological battle in choosing the formulation policy of Indonesian Copyright Law. It can also be said that it is the Victory of Capitalistic Ideology on Pancasila Ideology as the end of Pancasila Ideology. Page(s): 230-249

Characterizing Pharmaceuticals on Data Exclusivity in Malaysia

2016-07-20T05:11:53Z

Title: Characterizing Pharmaceuticals on Data Exclusivity in Malaysia Authors: Fatokun, Omotayo; Hassali, Mohamed Azmi A; Ibrahim, Mohamed Izham M Abstract: This study analyses the occurrence and characteristics of pharmaceutical products containing new chemical entities granted data exclusivity in Malaysia since the implementation of the provision in 2011. Data for the drug products granted data exclusivity in Malaysia during March 2011 and April 2014 was obtained from the Malaysian National Pharmaceutical Control Bureau Register for granted data exclusivity. For each product, data on the type of product, the therapeutic class and the patent status in the reference country/jurisdiction and Malaysia was collected. The patent status of the drug products were sourced from international and Malaysian Patent Databases. A total of ten drug products containing new chemical entities (NCEs) were granted data exclusivity during the data period, with an average of 3.3 NCEs per year. The products were distributed among five therapeutic classes, with 50% of the products belonging to antineoplastic agents. Average effective data exclusivity period for the study sample was about 3 ½ years. Nearly all (90%) products had at least one granted patent or patent application covering the active ingredient of the new chemical entities. Both the granted patent period and data exclusivity period run concurrently, with the former extending beyond the latter by an average of 8 years. In this study, data exclusivity was generally associated with high selling drugs. Data exclusivity was mainly used as an additional intellectual property, with the patent period longer than the data exclusivity period. Page(s): 223-229