27 March 2017 // In Memoriam: Paul Bell // ChineseTrade Mark Rules // Brazillian Prior Consent
In Memoriam: Paul Bell
Paul Bell quietly passed away on 19 January 2017 at the wonderful age of 94.
Paul was at the core of the U.S. FICPI Section for over 20 years. He and Mac Waldbaum organised the very successful EXCOs in the U.S. at Hilton Head and Pebble Beach. Paul and Mac were a two-man U.S. team for over a decade and contributed greatly to FICPI’s policies.
Paul was the President of the Contact Commission during 1987-1997. I was lucky to be his Vice President. We worked together for FICPI in this partnership for a decade and in that time we were able to expand FICPI’s national groups to include South Korea, Israel, Greece and lay the foundations for new members and groups in Russia and China after the political changes in those very important countries.
Paul and I spent many enjoyable times together representing FICPI and at EXCOs. Paul was a most intelligent, good humoured, caring and considerate person and always a pleasure to be with. He had a very disarming approach to any discussion on patent law. Just when you were wondering where he was going he would deliver a beautifully clear finale to crystallise the issue. I am sure he used this approach in his litigation practice very successfully.
Paul started practice in 1948 with Paul Eaton in Charlotte, which firm later became Bell, Seltzer, Park & Gibson, the largest IP firm in the southeast U.S. before its merger with Alston & Bird in 1997.
Apart from his international and U.S. FICPI roles, Paul was a leader of his community both professionally and socially. He leaves behind a very close and large family along with the memories of those of us who were lucky to have known Paul.
He was a true gentleman in every sense of the word.
SIPO's New Revision to Guideline for Patent Examination
The Chinese Guidelines for Patent Examination were revised recently by SIPO and the new Guidelines will come into effect on April 1, 2017. The new revision brings important changes, especially to the examination of software related patents and chemical related patents, and to patent invalidation practice.
Brazilian FDA and BPTO Close to Reaching an Agreement on Prior Consent
The Brazilian FDA (ANVISA) and the Brazilian Patent and Trademark Office (BPTO) have, for many years, disagreed about the legal provision that instituted the mechanism of “prior consent”, which established that ANVISA would examine patent applications in the pharmaceutical area so as to authorize the grant of the corresponding patents, before the BPTO could do the same.
Both organizations have now reached an agreement about a new format of “prior consent”, recently approved by ANVISA's Collegiate Board of Directors, and which will lead to more legal certainty in the proceedings.
ANVISA will keep on being the first to examine the applications, and will send their technical report to the BPTO that may accept, or not, ANVISA's opinion. In case the conclusions are not the same, the BPTO's opinion should prevail. Also, ANVISA will restrict the examination to public health issues, leaving to the BPTO the examination of the patentability requirements.
The implementing regulations of the agreement should be published in the near future. We hope to have more details about this clear advancement in Brazilian IP practice shortly.
News in 2017
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