Category Asia/Pacific

Third Revision Of Patent Law In China

wenting-chengThe third amendment of China's patent law will enter into force from 1 October, 2009. In this article, Wenting Cheng explores the major changes in substantive requirements for patent grant, post grant enforcement and adaptation of Chinese patent law to international norms on the protection of intellectual property.

Novartis Persists In Challenge To Indian Patent Law; India Rejects More AIDS Drugs Patents

Undeterred by two previous decisions by Indian authorities holding that under Indian Patent Law, its leukaemia drug - Gleevec is not patentable, Novartis now wants to take the fight to the Indian Supreme Court. Meanwhile, also this week, sources say Indian authorities rejected applications for patents on two HIV/AIDS drugs, opening the way for cheaper generic versions to be developed and marketed.

Indian High Court Rejects Bayer Complaint For Patent Linkage

Indian generics manufacturer Cipla can get marketing approval for its generic cancer treatment Soranib, the Delhi High Court ruled Tuesday, and the Indian drug regulatory authority does not have to check its patent status first. The court this week rejected a complaint by drug multinational Bayer against the Union of India, the Drug Controller General of India and generic drug producer Cipla.

Bayer sought a court order requiring DCGI to consider the patent status of kidney cancer drug, sorafenib tosylate (sold under the brand name Nexavar), before granting marketing approval for a generic version of the drug.

At issue was whether it is legitimate to link a potential violation of IP rights to processes regulating a drug’s entry onto the market that are generally based on drug quality, efficacy and safety.

LDCs Commit To Use IP For Development At WIPO; Use Of Exceptions, Flexibilities Omitted

Officials from least developed nations on Friday agreed to a strategy for using intellectual property to encourage local innovation, protect national cultural and genetic resources, attract foreign direct investment, and spur development at a World Intellectual Property Organization forum on the use of intellectual property for “prosperity and development.” But they did not appear to highlight other options for development such as exceptions and limitations to copyright or flexibilities they are allowed in applying IP laws.

Innovation Policy Needs National Focus, Use Of TRIPS Obligations, Panellists Say

Innovation is a main driver for economic growth and development for developing countries, said speakers at an event focusing on innovation in Brazil, India and South Africa. But although innovation is increasing and is a priority in developing economies, one expert said invention capabilities remain in the hands of historical players and governments need to seek innovative policy responses.