The Malaysia Patent Office recently announced amendments to the Patents Act and Regulations, taking effect from 18 March 2022. Highlights of the key amendments are set out as follows: 1. New Section giving effect to Budapest Treaty A new section is introduced to the Patents Act and Regulations giving effect to the Budapest Treaty. The deposit […]
Tag: Patent Infringement
Singapore Swings
Following big policy changes in 2019, the time is right to look at IP developments in this fast-evolving country. For the intellectual property field in Singapore, 2019 was an exciting year, with new policies to promote Singapore as an IP hub and legislative reforms leading the charge in opening up new areas of opportunity. For […]
India Update – Patent Infringement
An action for patent infringement in India is not maintainable during the pendency of an appeal against an order revoking the patent. In Novartis AG & Anr. V. Natco Pharma Limited CS (COMM) 229/2019 and I.As. 11304/2019, 11305/2019, the Delhi High Court (the ‘Court’) has clarified that an action for infringement is not maintainable in […]
Brand Drug Owners Vindicated Against Generics Seeking to Launch Without Declaring Relevant Patents Under Patent Linkage Regime
INTRODUCTION The Singapore Court of Appeal’s judgment in Millennium Pharmaceuticals, Inc v Drug Houses of Australia Pte Ltd [2019] SGCA 31 heralds momentous change in the pharmaceutical sector for brand drug owners seeking to enforce patents against generic competitors. The Court reversed an interlocutory decision of the High Court that made it difficult for brand […]
Malaysia Update: Swiss-Type Second Medical Use Claims Patentable in Malaysia
The acceptance of second medical use claims in “Swiss-Type” claim format has attracted significant attention internationally as different jurisdictions vary in their approach. In Merck Sharp & Dohme & Anor v Hovid Bhd , the issue was first raised in the High Court (Civil Trial No. 22IP-71-12/2014) where the Appellants initiated an infringement action against […]
Singapore: Sunseap Group Pte Ltd & 2 Ors v Sun Electric Pte Ltd
In Sunseap Group Pte Ltd v Sun Electric Pte Ltd [2019] SGCA 4 (“Sunseap v Sun Electric”), the Court of Appeal, on 10 January 2019, in overturning the decision of the High Court, held that the High Court has original jurisdiction to hear patent revocation proceedings where such proceedings were brought by way of a […]