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BIO 2006,

There are a number of instances where the monopoly under a patent is not absolute. Recently, the US-Singapore Free Trade Agreement (US-SFTA) required Singapore to amend the compulsory license provisions in the Singapore Patents Act to include a remedy for anti-competitive practices.

A recent decision by the Malaysian Courts in Shachihata & 18 others v Registrar of Industrial Designs & Ors, has in effect made redundant a recent circular issued by the Industrial Designs Registration Office (IDRO). The circular followed the advice of the Attorney General's Chamber and stated that designs registered under the UK Registered Designs Act 1949 which continued to have effect in Malaysia by virtue of their registration prior to the coming into force of the Industrial Designs Act 1996 (the Malaysian Act) on September 1 1999 would not be allowed to be extended beyond three five-year terms in Malaysia.

In a recent case concerning the admissibility of evidence and the construction of patents, the Irish Supreme Court endorsed the purposive approach to patent claim construction under Article 69 of the European Patent Convention and its Protocol. In upholding a decision by the High Court, the Supreme Court refused to permit the introduction of documentation used in arguments before foreign patent offices and in foreign proceedings concerning the scope of the patent at issue.

The Fédération Internationale de Football Association (FIFA) holds German trade mark registrations for Fussball WM 2006 and WM 2006 for, inter alia, goods and services covering sporting events. These registrations were subject to cancellation actions, filed by Ferrero, who submitted that the marks lack distinctive character and are descriptive in relation to such goods and services; moreover, it was also alleged that the trade mark registrations were filed in bad faith.

IP owners who expect China's enforcement regime to mirror that in Europe and the US may be disappointed. But as Patrick Coyne and Ningling Wang of Finnegan Henderson explain, the Chinese system still provides plenty of enforcement opportunities for foreign investors willing to look beyond the newspaper headlines

Customs officers have the power to stop the flow of fakes at China's borders. But if they are to do their job properly, they need far more help from IP owners, says Li Qunying, chief of the IP division in China's Customs administration

Emma Barraclough, Hong Kong

Stéphanie Bodoni, London

The snappily titled The Performances (Moral Rights etc) Regulations 2006 will help us all answer the question "Who is that singer?" and avoid the comment "Oi, that's my recording you're mucking about with!"