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Journal of Intellectual Property Law & Practice 2008 3(8):486-488; doi:10.1093/jiplp/jpn140
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Published by Oxford University Press. All rights reserved

JIPLP Express

JIPLP Express

A rapid-read overview of the main items in this issue

The first 10% of the full text of this article appears below.


   Current Intelligence
 
Patents
Clinical trial not a patent infringement, having an ‘indirect’ business purpose. In August 2007, the Beijing No. 2 Intermediate People's Court rendered five similar first-instance rulings in Eli Lilly and Company and Ganli Drug Industry Co., Ltd, following its early opinion 2006 in Sankyo Co., Ltd & Shanghai Sankyo Pharmaceutical Co., Ltd v the Beijing Wansheng Drug Industry Co., Ltd according to which, where a patent is used with the intention to perform a clinical trial and apply for approval of production, such use is not directly for ‘the purposes of production or business’ under the Chinese Patent Law, and does not thus constitute infringement. (p. 490)

Biogen insufficiency: does it still have teeth? The Court of Appeal recently overturned a first instance decision of the Patents Court when it found Lundbeck's claims to its patented enantiomer product escitalopram . . . [Full Text of this Article]

Trade marks
Copyright

   Practice Point
 
Trade mark warranties in M & A transactions (p. 501)

   Articles
 
Opel/Autec: does the ECJ realise what it has done? (p. 507)
The genie in the bottle: brand ‘free riding’: what's permissible and what's not? (p. 511)
IP in investment banking: IP in IPOs (p. 521)
Architecture and copyright: a quick survey of the law (p. 524)

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