Parallel importation refers to the import of goods outside the distribution channels contractually negotiated by the manufacturer. Because the manufacturer/IP owner has no contractual connection with a parallel importer, the imported goods are sometimes referred to as "grey market goods". This desciption in fact is somewhat misleading, as the goods as such are original, being […]
Thai Court Rules Against Patent Infringement: Distributor Succeeds In Obtaining Rights To Trade Name
In the recent Thai case of Visit Taksapiboon v Modern Technique Lock Co., Ltd (Case No. 57/2007), the Central Intellectual Property and International Trade Court (CIPITC) considered a claim of patent infringement and a counter-claim against the Plaintiff for invalidation of the patent as well as a challenge against the Plaintiff's rights to use an […]
India - Patents (Amendment) Act 2008
Introduced in Parliament on 21 July 2008, the Patents (Amendment) Bill mainly sought to implement certain measures under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) as amended by the protocol thereto concluded in Geneva on 6 December 2005 (the Protocol), and to give effect to the decision adopted by the General […]
Malaysian Patent - Interim Injunction Granted in Malaysia Based on American Cyanamid principles
In the case of Aventis Farma SA (m) Sdn Bhd v Rohibul Sabri bin Abbas @ Megat & Anor [2008] 3 MLJ 451, This case is based on the selling generic version of docetaxel trihydrate (hereinafter referred to as "DT") According to the Plaintiffs, the Defendants had infringed their Malaysian Granted Patent MY-118481-A (herein after […]
Singapore Patent - The relationship between drug patents and generic drugs
"A patent is a monopoly right given by the Government to the owner of an invention to enable him to prevent others from using, copying or making the invention without his consent in the country in which he has obtained patent protection. Apart from using the patent to prevent others from exploiting the invention, the […]
Malaysia High Court Invalidates Recent Patent In Favour Of Original Patentee
In IEV International Pty Ltd v Sadacharamani a/l Govindasamy [2008] 2 MLJ 754, the High Court of Malaysia considered the issue of novelty in relation to improvements made to an existing patent right and whether to allow a patent invalidation action brought by the original patentee. BACKGROUND FACTS The Plaintiff in this case, IEV International […]
Indonesia Patent Regulations And How It Affects The Protection Of Biotechnology
Indonesia recognizes the importance of the development of biotechnology for the sake of economic growth in terms of present and future investment. In so doing, Indonesia has facilitated the protection of biotechnology through its IP Laws, particularly its Patent Regulations, among these – Law No. 14 Year 2001 (Law No. 14) and Law No. 29 […]
Singapore Patent Infringement - The purposive approach as defined in Kirin-Amgen upheld
Since the signing of the Free Trade Agreement (U.S. – Singapore Free Trade Agreement) in May 2003 between Singapore and the United States, exports from the United States to Singapore have "exploded", and trading between both countries has increased substantially in the years succeeding the signing. Due to the specific nature of intellectual property rights […]
An Update On The Developments In The Philippines And Thai Pharmaceutical Patent Regimes
Philippines The cost of medicines in the Philippines is among the highest in the world. It was reported that Norvasc, a medicine for hypertension, is sold in the Philippines for USD1 per 5mg tablet; while in India and Pakistan, the same drug is priced at around USD0.14 whereas Plendil, also for hypertension, is priced in […]
Asia taking the lead in International Patent Filings
28 April 2008 - MIP WEEK Asian economies are setting a considerable pace in their leading growth in terms of international patent filings. Internationally there is still a healthy growth in the patent system, with an exceptionally strong presence from some of the Asian countries. A 4.5% growth in applications filed using the Patent Cooperation […]