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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

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

In mid-2003, China relaxed its policy on trade mark agencies, making it much easier to set one up. At the moment, no special qualifications are required to run an agency. For example, a trade mark agency does not need to have any qualified trade mark agents or other professionals. In fact there have been no public trade mark agent examinations held since 2000.

On February 28 2005 the German law implementing EU Directive 98/44/EC on the legal protection of biotech inventions entered into force. It included a new sub-section 4 in §1a) of the German Patent Act which represents a departure from the absolute compound protection for naturally occurring human DNA sequences.

Sam Mamudi, New York

Some of the best inventions are the simplest ones. The invention often lies in finding a neat solution to a well-known problem. Unfortunately, when patent lawyers and the (English) courts assess the differences between the invention and the prior art, the simplicity of an invention can sometimes be lost by focussing on the detail. A recent decision from the Court of Appeal, which upheld the validity of a relatively simple patent, is of note, particularly the comments made by Lord Justice Jacob on the "obvious to try" test (Saint-Gobain PAM SA v (1) Fusion Provida Limited (2) Electrosteel Castings Limited [2004] EWHC 2469 (Ch)).

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

Protecting format rights in the Middle East is really no different than anywhere else in the world. There are no formal provisions in the law here for the registration of format rights.

Jeroen Cornelis and Louise E Scheffer of Nederlandsch Octrooibureau provide tips on filing Benelux trade mark applications and using the new opposition procedure

Wouter Pors of Bird & Bird in The Hague examines the advantages of initiating litigation on trade marks and designs in the Netherlands, and argues that the country is a good option for owners of Benelux or Community rights