Tag Archives: Patents

India Upholds its First Compulsory Licence

by Morag Peberdy and Christina Helden On 19 March 2013 the India’s Intellectual Property Appellate Board (IPAB) released its written judgment upholding the Controller of the Indian Patent Office’s decision to grant Natco Pharma Ltd a compulsory licence under Bayer A.G.’s patent for its anti-cancer drug Nexavar.  Section 84(1)(a)–(c) of the Indian Patents Act 1970 … Continue Reading

SHIELD Act Seeks to Shift Litigation Costs in Patent Suits Brought by Non-Practicing Entities

A bill has been introduced in Congress that would permit prevailing defendants in patent infringement suits to recover litigation costs and attorneys’ fees. The Saving High-Tech Innovators from Egregious Legal Disputes (“SHIELD”) Act was introduced on February 27 by Congressmen Peter DeFazio (D-OR) and Jason Chaffetz (R-UT).  The bill would provide for the award of … Continue Reading

China Solicits Comments on New Draft Employment Invention Regulation

Last month, China’s State Intellectual Property Office released a draft regulation governing employment inventions for public comment.  If implemented, the draft regulation would grant significant rights to employee inventors and would affect all companies conducting research and development in China.  Notably, the draft regulation would limit the employer and employee’s freedom to contract out of the … Continue Reading

European Chamber Concludes That Chinese Patent Policies Hamper Innovation

Although the number of patents filed in China has exploded in recent years, resulting in China becoming the world’s top patent filer in 2011, a new report from the European Union Chamber of Commerce in China (European Chamber) takes the position that “the overall strength of China’s actual innovation appears overhyped,” and that China’s policies … Continue Reading