Malaysia -Parallel Import Law Clarified

Parallel import is a prevalent business model in the new age economy. However, the laws governing parallel imports are still in infancy and require clarification in many jurisdictions, including Malaysia. In Tien Ying Hong Enterprises v Beenion (2010), the High Court of Malaysia provided the much needed clarification. The plaintiff in this case was the […]

Malaysia – Generic Pharma Seemingly Manage to ‘Invent Around’ Innovator Patent

Sanofi-Aventis took on Dabur Pharma in the latest pharmaceutical patent case law to be decided at the Malaysian High Court (D-22IP-46-2009). Sanofi is the owner of a process patent – MY ’481 – for the production of Docetaxel trihydrate, which they market as Taxotere. Worldwide annual sales of Taxotere totaled approximately US$3.1 billion dollars in […]

India – Exhaustion In Copyrights

The doctrine of exhaustion or the first sale rule affirms the exhaustion of an asset’s intellectual property rights vested with its owner after its first use or sale. As a result, no further control can be exercised by the owner vis-à-vis distribution or resale of the product. Applying the principle more specifically to the realm […]

The End of “Swiss-type” Use Claims in Thailand

In a recent Decision No. 1/2533, the Thailand Board of Patents has considered the subject matter of Patent Application No. 0201003643 entitled “Method for Treatment of Hepatitis C Virus” as a method of treatment and rejected the application despite that the claims were amended to a “Swiss-type” use format. A “Swiss-type claim” or “Swiss-type of […]