Cover Story

• Why Chinese industry must learn to play the IP game

  China must make its companies more IP-savvy if it is to graduate from being the world's factory floor to become a technological leader. Emma Barraclough looks at what needs to change and examines three companies that are leading the way

Features

• News focus: EU software patent law in the balance

  After months of fierce debates, EU Council ministers adopted a common position on the controversial software patent directive last month. The adoption was unexpected, leaving the European Parliament fully responsible for the future of the law. Stéphanie Bodoni reports

• Industries await exemption verdict

  The Supreme Court will this month hear arguments in a case that will set the boundaries for what research is exempted from patent infringement. Lily Rin-Laures and Sandip Patel explain what the outcome will mean for researchers and patent owners

• The next generation of file sharing arrives

  In January 2005 alone, it is estimated that file-swappers illegally traded more than 1 billion songs online. As the entertainment industry awaits a ruling on file sharing from the US Supreme Court, Giles Pratt explores the likely UK approach

• Become a prince rather than a pauper

  Setting a royalty rate is an essential part of any technology agreement. Gareth Morgan considers the lessons from three recent English cases where royalty clauses were disputed

• How patent pools can avoid competition concerns

  In a follow-up to their article in the October 2004 issue of MIP, V Walter Bratic, Shirley Webster, Stafford Matthews and Robert S Harrell examine the role played by patent pools in technology licensing, and consider some of the concerns raised by competition authorities

• A warning over privilege in Australia

  Keeping legal advice confidential is a crucial part of any litigation strategy. Des Ryan explains how recent Australian cases on privilege could force companies to re-examine how they seek guidance from their lawyers and IP specialists

• Do not be afraid to search

  There is more to registering a trade mark than simply filling out a form. A trade mark search can be an invaluable aide in assessing whether your mark has validity, says Tamar Niv Bessinger

• Patent owners fall foul of novelty law

  Questions of patentability are at the forefront of IP law in the Andean countries. Gabriela Nuñez argues that international pharmaceutical companies have gone too far in seeking protection in three recent cases

• Letter from the editor...

• The software patent debate

  The CII directive has provoked controversy since it was first proposed, and opinion remains bitterly divided on its merits. As the European Parliament prepares to consider the latest draft, five commentators provide very different perspectives

News Analysis

• Sensenbrenner slams China's IP system

  Sam Mamudi, New York

• Indian Patent Act watered down

  Emma Barraclough

• ECJ trims Gillette's trade mark rights

  Stéphanie Bodoni, London

• Scope of US counterfeiting laid bare

  James Nurton, London

• Rambus settles patent dispute

  Sam Mamudi, New York

• Grokster is theft, say rights owners

  Sam Mamudi, Washington DC

Diary

• Utynam's Heirs

  A monthly column devoted to the curiosities and controversies of the IP world

Country Updates

• Benelux - Changes at the Netherlands IP Office

  Nederlandsch Octrooibureau, The Hague

• China (PRC) - Control of trade mark agencies tightened

• Germany - Biotech directive implemented

• India - India opens its product patent mailbox

• South Korea - Korea readies for Patent Act changes

• Malaysia - Malaysia gets ready for Bioprospecting

• Mexico - Amendments proposed to franchise regulation

• Singapore - Getting international patent applications right in Singapore

• Middle East - Format rights put to the test

• United Kingdom - Ought to be obvious

• United States - IP resources on the web