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Jurisdiction reports
In Europe, it is well established that a second medical use patent can be obtained for any second or further therapeutic use of a known drug, providing the use is novel and inventive. However, a recent judgment in the Netherlands highlights that this is a developing area of law, and that there is uncertainty. 19 February 2016
Jurisdiction reports
Japanese company Toshiba owns Taiwanese patent certificate number I315588 (‘588 patent), titled “Semiconductor light emitting device, method of manufacturing the same, and semiconductor light emitting apparatus”. 19 February 2016
Jurisdiction reports
Artificial intelligence (AI), the area of computer science dealing with the creation of intelligent machines that work and react like humans, has been an interesting topic for writers and scientists since the automaton Talos of Crete in Greek mythology. 19 February 2016
Jurisdiction reports
Government ineffectiveness, bureaucracy and an unpredictable legislative environment are some of the challenges of doing business in Russia. Contrary to what is commonly thought, however, examination and registration of intellectual property rights by the Russian Federal Service for Intellectual Property (Rospatent) is done efficiently and without unnecessary delay. 19 February 2016
Jurisdiction reports
In intellectual property law, brand owners and infringers frequently operate in grey areas. Fair use in Turkey is a particularly unpredictable area, where parties often operate without knowing about or referring to detailed rules. 19 February 2016
Jurisdiction reports
It is unfortunate that many startup ventures fail to conduct basic patent and intellectual property investigations that can avoid potentially catastrophic circumstances. Perhaps the best way to illustrate this understandably strong statement will be to provide the following hypothetical scenario. 19 February 2016
Jurisdiction reports
Much is written about the outcome of patent litigation. Not enough is directed to the very beginning of the intellectual property protection journey from invention to obtaining patent protection. 18 December 2015
Jurisdiction reports
From January 10, 2016 comparative advertisements will be allowed in Turkey. Provided certain conditions are met, adverts will be allowed to include competitors’ titles, trademarks, logos or other distinguishing marks or phrases, as well as trade names and company names. It will be the first time in Turkey’s history that companies can publish and broadcast true comparative advertisements. 18 December 2015
Jurisdiction reports
Patent invalidity can be raised as a defence in civil proceedings. If a civil court invalidates the patent at issue, the patentee loses the ground against the opposing party at that very civil proceeding. However, such a patent invalidation issued by the civil court applies only to each particular case. 18 December 2015
Jurisdiction reports
The new Cybercrimes and Cybersecurity Bill 2015 has now been published for public comment by the minister of justice and correctional services. 18 December 2015
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