NOPR Collection:

The New EU Guidelines on Technology Transfer Agreements

Thu, 01 May 2014 00:00:00 GMT

Title: The New EU Guidelines on Technology Transfer Agreements Authors: Cook, Trevor Abstract: The recent revision by the European Commission of its Guidelines on Technology Transfer Agreements, as well as the Block Exemption which accompanies it, granting a safe harbour from competition law challenge for certain such agreements, makes it timely to review how these revisions reflect some of the recent controversies that have arisen at an EU level as to relationship between intellectual property and competition law. Page(s): 229-233

Industrial Design in Different Jurisdictions: A Comparison of Laws

Thu, 01 May 2014 00:00:00 GMT

Title: Industrial Design in Different Jurisdictions: A Comparison of Laws Authors: Rahman, Sharifa Sayma Abstract: Commercial success of a product nowadays largely depends upon its attractiveness and visual appeal. Design nourishes creativity in the industrial and manufacturing sector and thereby helps to expand commercial activities ultimately leading to economic development. For this reason companies use intellectual property laws to protect industrial designs which are important tools for branding. Brand names affirmed by industrial designs have become the most important strategic factor for an increasing number of companies. This article explains how intellectual property laws protect design and compares different design protection systems in the US, the EU, Australia and Japan. This evaluation shows that design protection is considerably different amongst these four developed countries. The article also highlights some of the most important cases relating to industrial design in these jurisdictions. These four countries account for a significant number of design registrations and applications globally. Moreover, these countries have innovated and developed the industrial design protection system which entails that a rigorous comparison of these design systems could provide valuable insights for other jurisdictions. Page(s): 223-228

Patent Infringement by ANDA Filing

Thu, 01 May 2014 00:00:00 GMT

Title: Patent Infringement by ANDA Filing Authors: Pohl, Mark Abstract: Courts are in general designed to adjudicate past events (e.g., crimes and torts which have already occurred). Thus, for example, proving patent infringement merely requires showing the court the on-market product, and comparing it to the patent at issue. United States law, however, provides for a fundamentally-different kind of infringement: potential future infringement by a future generic pharmaceutical product which does not yet exist because it has not yet been approved for marketing. This type of infringement requires US courts to adjudicate future events, predicting the likely characteristics of the future generic pharmaceutical. In requiring a court to adjudicate a potential future event, this type of infringement can pose a unique evidentiary challenge to judges. This article discusses how US judges evaluate potential future infringement by generic pharmaceuticals in case of a ‘Paragraph (iv)’ challenge of the Orange Book listed patents or a potential challenge to the patents envisaged on the Paragraph (iv) declaration. Page(s): 218-222

India’s Options for Improving Affordable Access to Lifesaving Patented Medicines

Thu, 01 May 2014 00:00:00 GMT

Title: India’s Options for Improving Affordable Access to Lifesaving Patented Medicines Authors: Nair, Gopakumar G; Nair, Karthika; Fernandes, Andreya Abstract: On the lines of the cautionary observation made by the Hon’ble Supreme Court in Para 156 of the Lordships’ order on Gleevec¹, the ongoing patent litigations in India seem to be equalling or crossing the cost estimates of US patent litigations. Doha Declaration has not made affordable access to lifesaving medicines on expected lines. Exemptions and legal provisions enshrined in the Patents Act, 1970 (such as compulsory licence and regulatory exemptions) are also being denied and delayed through protracted litigations burdening the Indian pharma SME sector. Provisions of Section 107A(a) of the Patents Act,1970 are also being ignored by the Indian judiciary. It is, therefore, desirable to look at and evaluate options available to India for improving and facilitating affordable access to lifesaving medicines within the Indian patent legal system. Such options are discussed in this paper. Page(s): 209-217