News > Patents
 Uganda is considered to be the fourth largest importer of generic drugs from India, with Africa accounting for 14% of India’s US$8 billion export of medicines. The Ugandan anti counterfeiting Bill, which is currently being discussed, is similar to the Kenyan one which caused a major uproar when it was accepted by the Kenyan government. It is currently awaiting signature by the President of Kenya. |
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 For a long time, researchers have concentrated on finding different methods and technologies aimed at developing cures and treatments for diseases to the point that other fields of research were neglected. However, one problem that may be as devastating as disease is food shortage. Food shortage is a problem worldwide. Solutions to fight food shortage have long been sought but after many years of research, hunger still prevails, more so in developing countries. The advent of technology has brought with it many possibilities to alleviate food shortage. |
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 Under normal patenting procedures, a patent application should be rejected in cases in which information regarding the invention has been disclosed publicly. Therefore, in an effort to protect and avert groundless patenting leading to commercial exploitation of traditional medicines inherent to India, the Indian government recently permitted access to its Traditional Knowledge Digital Library (TDKL), a unique database that houses ancient texts and methods, to examiners at the European Patent Office (EPO). This initiative came into play after the startling discovery by scientists in Delhi of the extent of “bio-prospecting” of natural remedies by foreign countries. |
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 On 1 January 2009, the World Intellectual Property Organization (WIPO) introduced a new service for patent applicants: searching for relevant prior art in languages not covered by the initial international search. The International Search Authority gives Patent Co-operation Treaty (PCT) applicants a good idea of whether they should incur the cost of filing national phase applications. However, it does not search documents published in languages it is not skilled in. |
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 Patent litigation in South Africa often forms part of a global patent litigation strategy where corresponding patents in jurisdictions such as the US and Europe are also in play. The patentee may decide to settle the litigation on a global basis, resulting in the litigation being withdrawn in South Africa too. But patentees should make sure the settlement agreement complies with the Competition Act. In the pharmaceutical sector, the parties sometimes agree that in return for the patentee’s withdrawal of an action for infringement against a generic company, the generic company will launch a competing generic product only a few years after the patentee’s patent expires. This essentially extends the exclusivity of the patentee in respect of its product beyond the life of the patent. |
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 On Monday, 26 January 2009, a World Trade Organisation (WTO) dispute settlement panel decided in favour of the U.S. on issues relating to China’s Intellectual Property Rights regime. The U.S. alleged that China adopted a slack approach to the enforcement of copyright and trademark violations. The WTO panel agreed and found that certain parts of China’s Intellectual Property scheme are incoherent with its obligations in respect of several international treaties, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) being one such treaty. The panel reported that certain provisions of China’s copyright law are inconsistent with the TRIPS Agreement since they “nullify or impair benefits accruing to the United States.” Peter Allgeier, acting U.S. Trade Representative had the following to say: |
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 The latest decision on the patent matter between pharmaceutical manufacturers Lundbeck and Cipla Medpro has again gone against Lundbeck. The case highlights the importance of amending the claims of a South African patent as soon as possible so that they conform to the amended claims of a corresponding patent that has been examined in another jurisdiction or that has been amended as a result of litigation. |
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 "Individuals and governments want a strong pharmaceuticals sector that delivers better products and value for money. But if innovative products are not being produced, and cheaper generic alternatives to existing products are being delayed, then we need to find out why and, if necessary, take action." Neelie Kroes, European Commissioner for Competition A sector enquiry into the pharmaceutical sector was launched by the European Commission, the sector being worth Є138 billion ex factory and Є214 billion in retail prices. |
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 Adams & Adams has appointed patent attorney Alexis Apostolidis as a partner. Apostolidis specialises in pharmaceutical patent litigation, the drafting of chemical, pharmaceutical and petrochemical related patent specifications and competition law, including mergers and acquisitions. |
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 How often have you considered patenting in Africa when considering your Intellectual Property strategy and decided that it would not be worthwhile because it would be difficult, if not impossible, to enforce your rights there ? Well, the recent success of Pfizer, in respect of Pfizer Inc v Cosmos Limited (Case No. 49 of 2006), is a strong indication that you may have been wrong and that you should give filing your patents in Africa serious thought. |
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 US-based Hillcrest Laboratories has filed a complaint with the US International Trade Commission (ITC), alleging that Nintendo has infringed Hillcrest’s patents in the making of its Wii video game. Wii has been a great success since its launch in 2006. If it is found that the Wii video game was made with infringed technology, the ITC has the power to bar the game from the US. |
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 The software patent debate deals with the extent to which it should be possible to patent software and computer-implemented inventions. This debate is raging across the globe: in developed nations such as the US and the UK as well as in developing nations such as South Africa. The challenges faced by each individual country may well dictate public policy regarding the patentability of software in that country. |
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In view of the upcoming Zambian Presidential elections scheduled for 30 October 2008, the Zambian Patent Office has temporarily suspended the issuance of Letters Patent. The issuance of Letters Patent will only be reinstated after the new President has been elected so that the Letters Patent indicate the name of the newly elected President. |
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 Senate has approved the bill on protection of Intellectual Property Rights and effective enforcement mechanisms. The bill on intellectual property covers patent rights on trademarks and copyrights, and gives creators exclusive rights to their creations thereby providing an incentive for the author or inventor to develop and share the information rather than keep it secret. The legal protections granted by Intellectual Property bill are credited with significant contributions toward national economic growth. The bill approved by the Senate also protects inventions, literary and artistic works, and symbols, names, images, and designs. |
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In order to eliminate the duplication of work done by three patent offices, the Triway Pilot Program, a search-sharing project between the Japan Patent Office (JPO), the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), was launched in July 2008. The purpose of this program is for the Offices of Second Filing and the Offices of Third Filing to utilize the search results of the Office of First Filing. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
