Monday Mix

Monday Mix

By Darren Olivier   Monday, June 22, 2009   No comments:

South Africa: TVIEC response to SABC - Not surprisingly, the TVIEC remain unimpressed with the SABC who "continue to act with arrogance..." Filmaker South Africa reports on the TVIEC response "The SABC’s response to the Television Industry Emergency Coalition’s memorandum indicates that the management fails to appreciate the real need to work with the independent production sector to find solutions that can help shield the industry and our viewers from the present crisis....(click on Filmaker link for more)" . If you are new to the story on how IP rights/content creators have managed to help make a national television company accountable and force board resignations, click here.

Egypt: Pay-up or lose rights - As of 2 June 2009, it is possible to file a PCT national phase. As of 6 June 2009, the Registrar of Patents issued a Decision in which he changed the calculation of the dates of the annuities due on a PCT application. Earlier annuities were calculated as from the filing date of the national phase application in Egypt, while now, they are counted from the PCT international filing date. Accordingly, all due annuities on the national phase applications of PCT have to be paid retroactively according to the new calculation within 6 months from the date of decision - June 6, 2009 - otherwise, the application will lapse. (Source: NJQ & Associates)

Sudan: Making life tough for TM applicants - The Registrar of Trademarks issued new regulations regarding the power of attorney, requesting it now to be legalized up to a Sudanese Consulate. Earlier, it was simply signed. This will be effective as of 1 July 2009, and accordingly the new filing requirements are:
Power of attorney legalized.
Extract from Commercial register legalized.
At the time of registration, the applicant must submit, on its letterhead, an affidavit stating that there has been no change in the ownership or details of the owner. (Source: NJQ & Associates)

Developing nation threatens to counterfeit products - Thanks to an alert from Mary-Ellen Field, Afro Leo has encountered a very interesting response from a developing nation to its obligations under TRIPS which could lead to sanctions against the country. According to this article in respected Food&Drink.Europe.com, Tetra Pak has said it will seek immediate talks with the Venezuelan Government after the country’s president threatened to counterfeit its packaging goods in a bid to save money and reliance on foreign companies. The global packaging giant admitted it was taken back when Hugo Chavez declared that his country would no longer recognize patented products. Afro Leo wonders whether such a move has not tempted African countries or perhaps, how many.

....and finally no good news for folks waiting for the Servier judgement which is still, it seems, firmly stuck in the passage of decision.

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Fridayquick

Fridayquick

By Darren Olivier   Friday, May 08, 2009   2 comments:

Anyone seen the Servier judgment?

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Servier Judgment Constipation

Servier Judgment Constipation

By Darren Olivier   Friday, April 24, 2009   No comments:

Thanks for all the emails requesting information on this judgment. Unfortunately this blog has not received the judgment or word that the judgment has been handed down. Almost every other week we have it on good authority that the decision "will be ready on Friday" and yet not even Good Friday managed to yield a result!

To those new to the discussion, the Servier judgment is an interim relief (no pun intended) decision that has been pending since the first week of February and promised to the public the first week following the hearing. You can catch up through the links posted here.

Now, the story gets more disturbing because practitioners are predicting that the judgment may not even be handed down at all or, if delivered, only very close to the trial date! What use would that be??

One assumes that the judge had every intention of delivering the judgment in the week that he promised and so the delay is mysterious. Is it because the case is a particularly difficult or specialist case in the hands of an acting judge? Is the acting judge overloaded with work or cannot get the support he needs? Is the decision ready but someone else blocking its release?

All comments, which may be posted anonymously, are welcome. And, if the Black Forest tea (right) has managed to ease the passage of the judgment, please send us a copy.

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IP News clips

IP News clips

By Darren Olivier   Monday, March 16, 2009   1 comment:

The World Health Organisation has condemned the Dutch Government’s “farcical” detention of HIV medication destined for Sub-Saharan Africa, which it says flouts world trade rules – and will endanger patients’ health. (Pharma Times)

"New law paves way for war against fakes" -more commentary on Kenya's Anti-Counterfeit Legislation.

The World Intellectual Property Organization said it received a record number of complaints on cybersquatting -- or abusive registration of trademarks on the Internet (AFP).

For the full articles click on the links above.

And finally....Afro-IP is offering AJ Da Silva a free course in Managing Expectations after his umpteenth postponement of his own deadline for handing down the judgment in Servier v Cipla Medpro. Apparently, it will be now ready on Friday this week....

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Uganda anti-counterfeit legislation under scrutiny

Uganda anti-counterfeit legislation under scrutiny

By Darren Olivier   Sunday, March 08, 2009   No comments:

Indian generic manufacturers are very concerned about the proposed Uganda anti-counterfeit legislation which,if enacted, would threaten their market in Uganda and surrounding territories. An article entitled "Ugandan move on patented drugs' import worries Indian companies" published by India's Business Standard describes the situation:

"Uganda, the fourth-largest importer of Indian medicines in Africa, is discussing a draft proposal to prevent entry of drugs defined as “counterfeit” for breaching intellectual property claims, which analysts here say will impair Indian firms’ ability to export drugs into that country."

"The proposed law also intends to make transit or trans-shipment of counterfeit goods illegal and allows border measures against such goods."

Readers may recall that a similar concern was raised against Kenya's draft anti-counterfeit legislation reported in Jeremy's post "India up in arms over Kenya's anti counterfeit bill".

What is your view - should generics be excluded from anti-counterfeit legislation?

Further south Les Laboratoires Servier is applying for an interim interdict to prevent Cipla Medpro from selling its generic perindopril medicine in South Africa. Afro Leo has now been told that the decision is postponed again! - this time "by no later than" 13 March. It is now over a month since the case was heard by acting Judge Da Silva. If you have forgotten what that case is about click here.

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Monday Roundup

Monday Roundup

By Darren Olivier   Monday, March 02, 2009   No comments:

John Syekei (MMC Advocates, Kenya) has sent Afro-IP the newly enacted Biosafety Act 2/2009 in Kenya which is "An Act of Parliament to regulate activities in genetically modified organisms, to establish the National Biosafey Authority, and for connect purposes."

John also explained that "This is a good development for Kenyan biotechnology law. Great steps being made in development of IP legislation, coming in the wake of the recent Anti Counterfeit Act, we are all encouraged by the Kenyan Government's initiative in protection and enforcement of Intellectual property rights."

Tim Ball (Brian Bacon & Associates) has informed us that the attorneys for the parties in the Servier v Cipla Medpro dispute were contacted by Da Silva AJ last week, and told his judgment would be handed down on Friday 6 March. Readers may recall that Tim's firm is acting for Cipla Medpro.

In Kenya, the Daily Nation has reported on a row that has broken out as a result of an attempt to patent the Maasai's genetic capacity to drink lots of milk. The row broke out a fortnight ago when South African researchers complained that the University of Maryland in the US had patented gene mutations collected from Kenya, Tanzania, Sudan and South Africa. The application, filed in 2007 and published last year, records Prof Sarah Tishkoff – then with the University of Maryland – and Floyd Allan Reed as the inventors and sole applicants. You can read about it here.

Ghana Business News reports that speakers at the ECOWAS Intellectual Property (IP) protection workshop have proposed a common policy framework and guidelines for a more effective implementation and enforcement of IP rights in member countries.

Meanwhile, Afro-IP reached 200 email subscribers over the weekend and wishes to thank you for your continuing support. You can see how the real cricketers are doing in their gripping encounter, ball-by-ball here.

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