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  • Article 31 of the Patent Act, which previously limited the scope of patentable plant inventions to "a variety of plant that reproduces itself asexually," has been abolished by recent amendments to the Patent Act, which became effective on October 1 2006.
  • On September 22 2006, the Italian Council of Ministers approved a new law decree that contains interesting new elements regarding intellectual property in Italy.
  • The Indian music industry has grown rapidly over the years and has become a major business in India along with the country's famous film industry colloquially known as Bollywood. As a result, copyright cases that affect the industry are closely watched. A recent case is Super Cassettes Industries Ltd v Chanda Cassettes Pvt Ltd 2006 (33) PTC (Del), where the Delhi High Court attempted to frame a test of balance of convenience in a copyright infringement case. The appeal was against the decision of the Additional District Judge denying the plaintiffs an interim injunction.
  • In a recent judgment (C-431/04), the European Court of Justice (ECJ) has gone against the Opinion of the Advocate General and ruled that the German courts were correct in rejecting an application for a supplementary protection certificate (SPC) for the chemotherapeutic Gliadel.
  • By an amendment to the Patents Act earlier this year, Finland became one of the 14 countries where the Patent Law Treaty (PLT) has entered into force.
  • Emma Barraclough, London
  • A recent decision by Chongqing No 1 Intermediate People's Court has confirmed that the layout and design of web pages per se can enjoy copyright protection in China.
  • Following the enactment of the Austrian Utility Model in 1994, not much guidance was given by the courts with regard to the level of inventiveness required to meet the statutory requirement of "inventive step". According to the considerations given by the legislator and the prevailing opinion in academic writing, a lower quantity of inventiveness compared to patent law was considered sufficient for the registration of valid utility models in Austria.
  • The government of Cape Verde is preparing to introduce modern industrial property laws. The new legislation will repeal a Portuguese Code of 1940 which had applied to Cape Verde but had fallen into disuse. In preparation for the new system, the processing of trade mark registrations under the old Code has been temporarily revived.
  • Ian Finch and David Marriott of James & Wells laud New Zealand's virtues as a test market for IP litigation cases, or to test the strength of patents and trade marks