India Generic Drug Infringements
September 8, 2011
Medical Sciences Patents, Patent News
Image source: gpweb.igpublish.com
There have been several seizures of Indian generic drug shipments at European ports that were on route to Latin American.
European countries were detaining Indian generic drugs on charges of counterfeiting and patent infringement.
India blamed European countries for creating trade barriers against Indian drug companies to protect the interests of their firms.
According to European Commission laws, if the drug is not patented either in the country of origin or its final destination, it can be seized.
India stated that an agreement on trade-related aspects of intellectual property rights (TRIPS) allowed these exports as Europe was not the destination for the generic drugs.
Ongoing negotiations for a free trade agreement between the EU and India raised the issue of varying tariff structures in the EU countries.
Both sides have reached a settlement.
The settlement will ensure that none of the 27 members of the economic and trading bloc will detain “Made in India” consignments of generic medicines, which are transiting through EU ports.
Recommend on Facebook- Share on Linkedin
- Tweet about it
- Buzz it up
- Print for later
- Tell a friend
Local Patent Application Requirements
September 1, 2011
Inventions, Patent News, Patents
A local patent refers to the exclusive rights granted by a government or its representative patent office to an inventor for a specific period in exchange for full disclosure of information about the invention to the public.
A local patent is just that – local. It protects the invention against unauthorized usage and commercial gain by other parties.
The holder of a local patent has the right to set up agreements with other parties for usage, marketing, selling, production, and distribution by means of a licensing agreement.
The patent holder will then receive royalties for the above from the other parties. The patent rights holder can also assign the local patent to another party. This entails transferring all rights to another party.
A local patent doesn’t give the patentee the right to use or make and sell the invention, but rather excludes others from doing so regarding the local patent. It can be described as a monopoly right. The lifetime of a local patent is 20 years calculated from the first patent filing date.
If you want the patent to be registered and valid in other countries, thus be a foreign patent, you must file for such through the help of a patent attorney.
The South African Patent Office will not enforce the rights. It is the responsibility of the patentee to enforce the rights and take legal action against other parties who infringe upon his or her local or international patent rights.
To qualify as a local patent, the invention must be novel, thus never disclosed, used or sold anywhere in the world before the first patent filing date. The invention must furthermore be non-obvious to a person skilled in the trade and must involve an inventive step.
Finally it must be useful in agriculture, commerce or industry. Any public disclosure about the invention before the provisional filing date for a local patent will disqualify the invention.
Contact us at Smit & Van Wyk Intellectual Property Attorneys to help you file a local patent application.
- Recommend on Facebook
- Share on Linkedin
- Tweet about it
- Buzz it up
- Print for later
- Tell a friend
Samsung Galaxy vs Apple iPad UPDATE
August 24, 2011
Patent News
Apple and Samsung are suing each other for patent infringement after Apple accused Samsung of copying its tablet products.
Apple won a temporary injunction against the the Samsung Galaxy Tab in Europe and Australia. Samsung was forced not to sell the device until they can prove that they didn’t infringe on the iPad patents.
This case is now also running in the U.S.
Samsung argues that Stanley Kubrick, not Apple, designed the iPad in his 1968 film, 2001: A Space Odyssey.
Image source: watoday.com.au
They presented a still image and YouTube video taken from the film, which shows two astronauts using what appear to be tablets.
Samsung says this is an example of “prior art” for the general design of the iPad.
The tablet from 2001: A Space Odyssey has an overall rectangular shape with a dominant display screen, narrow borders, a flat surface, and a thin form factor.
Samsung also mentioned a scene from the 1970′s British TV series The Tomorrow People which also presents a tablet computer.
A senior associate with Melbourne intellectual property law firm Watermark believes Samsung may have a case.
The Apple patent referenced in the Kubrick defense is a design patent that protects the iPad’s physical appearance rather than function.
Apple and Samsung are due back in the Federal Court for a directions hearing on the 29th of August 2011..
Read more:
http://www.watoday.com.au/digital-life/tablets/samsung-to-apple-kubrick-made-first-ipad-20110824-1j931.html#ixzz1VvPfXYx1
- Recommend on Facebook
- Share on Linkedin
- Tweet about it
- Buzz it up
- Print for later
- Tell a friend
