Guide Legislação de Propriedade Intelectual (2013) (Portuguese Edition)

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On the other hand, the partial invalidation of a patent is available through an administrative declaration of nullity, similar to an amendment order following re-examination in other jurisdictions.

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Both a challenge of the validity of a granted patent and a declaration of patent infringement are appealable inter partes administrative proceedings held before the IMPI. Further, nullity and infringement proceedings are independent of each other. Therefore, nullity proceedings may be initiated by a defendant in an infringement action against the allegedly infringed patent, or by a third party on the basis that a potentially null patent is affecting legitimate commercial interests.

However, when these proceedings are conducted simultaneously, the infringement proceedings will not be resolved until the nullity proceedings are complete. When a patent may be used as legal standing for an infringement action against a third party, the patentee shall consider whether the scope of the foreign equivalent patent has been narrowed for reasons that are material to patentability, or for only strategic reasons. In contrast, if a patent is challenged by a third party, the patentee may consider amending the patent during the litigation as a defence strategy, if the subject matter of the litigation is modified appropriately, the IMPI may dismiss the nullity action because the substance of the proceedings has changed.

In light of the above, and considering that nullity proceedings against a patent do not necessarily lead to complete annulment of the patent, if a Mexican patent has no obvious weakness or there are no nullity proceedings against it, the patentee may consider amendment to be unnecessary. Leaving the patent as it was originally granted has the advantage of keeping it strong, even if there is need to interpret the scope of the patent in order to encompass a determined embodiment.

Therefore, the decision of whether to carry out post-grant amendment of a Mexican patent depends on the balance between the advantages and disadvantages of so doing, given the different possible scenarios. Such analysis requires a deep understanding of Mexican patent law regarding the particulars of the case at hand. Ikea of Sweden AB, the Swedish home-furnishings company, persuaded a federal court in Virginia to dismiss a trademark case brought by the operators of a website at which people can comment about Ikea products.

Ikeafans Inc. The Virginia company said it has operated the www.

Download e-book Legislação de Propriedade Intelectual () (Portuguese Edition)

Ikeafans then sued in federal court in Alexandria, Virginia. District Judge Anthony J. Trenga dismissed Ikea on Aug. He noted that the Ikeafans website does carry ads for home furnishing companies that compete with Ikea. The case is Ikeafans Inc. Ikea U.

The Canadian government has announced that the text of the Comprehensive Economic and Trade Agreement CETA between Canada and Europe has been finalised after many months of silence on the historic trade deal. Agreement in principle on CETA was reached on October 18 , with a final agreement expected to be reached shortly thereafter.

Despite this optimism, the announcement that the text had been finalised was made only on August 5 The final text of CETA has not yet been released and may not be available for several months.


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Further, ratification and implementation may take another two years. They include:.

Introdução à Propriedade Intelectual - Noções iniciais

The government has said that there will be no change to the data protection term for pharmaceuticals or biologics. Proponents have underlined the importance of the participation of indigenous and local communities in the IGC, and have noted that such participation brings credibility and relevance to the committee. The sugar and starch subsector had a decline of 11 percent. The majority of subsectors of information technology have declined, for example, there was a 9 percent decline in the volume of patents for smart media.

Computing showed a 5 percent growth of patent volume between and All subsectors of medical devices showed a decline in patent volume growth, with a 12 percent decline in the medical aids, oral administration subsector. The oil and gas subsector of petroleum and gas, exploration, drilling, production and processing saw a 1 percent growth increase.

The majority of pharmaceutical industry subsectors showed growth. Notably, the organics subsector has grown by 18 percent and inorganics has grown by 13 percent. All semiconductor subsectors have declined from to in terms of patent volume growth, including integrated circuits which have declined by 10 percent. In telecommunications subsectors, notably telephone subscriber equipment has grown by 10 percent and mobile telephony has grown by 9 percent. The report analyses scientific research across the sectors from to It shows that there was a decline in scientific research, and this may be an indicator that innovation is slowing down.

The most influential aerospace research hails from the US, particularly from the University of Michigan, which published papers from to with a relative citation impact of 1. The report states that commercial and defence organisations are looking to innovators to help them succeed in changing markets that are full of competitive challenges. These organisations are seeking more value, capability and reliability in a quicker and more affordable manner.

Again, the University of Michigan came out on top for scientific research in the automotive industry, with the publication of papers from to The report observes that while improvements in safety and environmental performance of vehicles has continued, substantial investment is needed in hydrogen propulsion technology. Additionally, establishing more recharging stations will allow for the growth of battery electric vehicles.

The most influential research institution in biotechnology is the Broad Institute in the US. Some papers were published from to with a relative citation impact of 7. The University of Sao Paulo led the research for the cosmetics and wellbeing industry with the publication of papers. The University of British Columbia was the leader of the scientific research institutions with the publication of papers related to this industry from to with a relative citation impact of 1.

China led the innovation in the industry, with 70 percent of the top 10 innovators coming from China. The report notes that the food industry is moving away from processed foods due to demands for healthier foods. The most prolific scientific research institution for home appliances is the University of Zaragoza in Spain with the publication of papers. The report states that the public is throwing away appliances that still work.

Technical University Czestochowa in Poland was the leader of the most influential scientific-research institutions in computer science, with the publication of papers with a relative citation impact of 6. The US is the world leader for medical device-related research. The top 10 institutions are from the US. Leading these is the US Food and Drug Administration which published papers, and Harvard University which published papers from to Innovation in the medical device industry sees the development of microneedle patches and electroceuticals.

Imperial College London and the US Department of Energy led the research institutions, publishing and papers, respectively. Goethe University Frankfurt Hospital in Germany took the lead for research institutions, publishing papers with a relative citation impact of 4. But China took the lead as the most innovative globally, with the Chinese Academy of Sciences taking the top spot for the financials of the top five pharmaceutical innovators globally, followed by Roche in Switzerland.

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The report notes that controversy surrounds blockbuster drugs, for example, in relation to hepatitis C drugs. Nevertheless, by , these drugs are expected to have multi-billion dollar sales. The leading research institution is the Chinese Academy of Sciences in China, publishing 6, papers between and Manufacturers are looking for partners via open innovation. The institution leading research is Rice University in the US, publishing papers between and with a relative citation impact of 4.

Samsung South Korea and Huawei China led the financials for the top five mobile telephony innovators globally. The organisation is listed as an affiliate of the House of Christ Temple Divine, a temple based in Illinois, the same state as Chicago. However, Benjamin is not named in either application. The dispute, which was settled earlier this year, centred on the use of three designs by artist Juan Luis Garcia. Garcia had designed and copyrighted the disputed images in January and sent them to production company 40 Acres and a Mule Filmworks, of which Lee is the principal owner.

He said the company could use the designs provided it entered into a licensing agreement with him, but then claimed the images were used without his consent. This statement resumes the final decision of ANA, which has taken into account the opinion of Users and their representatives and Associations, received during the formal consultation meetings and through the written replies sent to ANA. This is also the opportunity to thank all those involved in the above mentioned consultation procedure. Decision Regarding the charges proposal presented to the Users, and taking into account the opinions received, ANA concluded that there is no justification or relevant arguments for changing the charges proposal.


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The charges proposal was meant to avoid changes in the charges structure and in the current charging rules in order to simplify the implementation procedure of the new regulation model;. The comments received during the consultation procedure were mainly focused on the characteristics of the regulatory model and, in some cases, on the charges structure, and not on the substantive aspects of the presented Proposal;.

Nevertheless, all opinions were carefully analyzed and comments produced by ANA are part of the Procedure Files;. The decision of not optimizing the allowed Regulated Revenue Cap took into account the objective to minimize the impact of a charges increase in just six months of and also to prevent the adjustment of charges arising from an eventual scenario of traffic performance below forecast. In fact, charges already revealed a moderation trend, meeting the expectations of the Users;.

All these are still below the reference inflation rate established by the regulatory model;. ANA considers that these charges adjustments do not negatively impact traffic performance;. Moreover, the Regulated Revenue Cap established by ANA for Lisbon Group, Oporto and Faro Airports are provisional since they have to face market validation, which means that if traffic performance is lower than expected, ANA will return to its Clients the differential arising from the forecast errors regarding the number of terminal passengers.

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It should be recalled that the Airport of Ponta Delgada already received this award in And it is all the more important since it has been received in the middle of a complex and challenging development plan. As a highly seasonal airport, with more than 5. The questionnaires completed showed that Overall Passenger Satisfaction with the airport increased from a score of 3. It is to be recalled that over the course of various improvements were implemented to increase comfort at Faro Airport, including:. On the other hand, was also a very demanding year in terms of work on the ongoing development plan, resulting in particular attention being paid to the creation of low-stress conditions in the interface between passengers and the construction work.

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The aim of Faro Airport will always be to continue to grow, basing this growth on excellent quality of service. The Airport Service Quality Survey programme has registered an increasing number of participating airports. Around airports currently participate in this programme, including the largest and most famous, on 6 continents. These questionnaires, completed by a statistically representative sample of passengers, are collected throughout the year, the results and comparative values being presented quarterly.

The results of the objective improvements in physical conditions in the air terminal and on the apron mean that passenger experiences are in line with reality of the region that the airport serves. The results it has now achieved are a source of pride for all the staff at Faro Airport. Porto Santo. Ponta Delgada. Santa Maria. Email Palavra Passe. Por favor, espere Por favor, verifique os campos assinalados a vermelho. Quer criar uma conta nova? Registe-se agora e Criar nova conta. Forgot Password. An email message was sent to you. Please check your email account.