Search results for

As part of its wider reform efforts, the USPTO in late 2004 amended the form of its patent interference procedures. Barry Bretschneider and Matthew I Kreeger outline what the little-noticed changes will mean for patent owners

International harmonization, trend-setting cases and new enforcement strategies are all on the IP menu for 2005. MIP spoke to practitioners worldwide to identify some of the expected events and trends. We also provide an overview of what’s happening where in 2005. James Nurton, Sam Mamudi and Emma Barraclough

Emma Barraclough, Hong Kong

Dr Shirish Sherlekar and Dr Ankasha Tejam, AstraZeneca

Suppliers to the public sector should note that confidentiality clauses in agreements with public authorities which allow disclosure of confidential information as required by law will permit disclosure by authorities under the Freedom of Information Act 2000 (FOIA).

According to Section 10(1) of the German Patent Act, a patent has the effect that any third party that does not have the consent of the patentee is prevented from offering or supplying a component relating to an essential element of the invention. According to the recent Flügelrad decision of the German Supreme Court (X ZR 48/03 dated May 4 2004), in assessing what is an essential element of the invention, only components that have a functional interaction with other elements of the patented device can infringe the patent.

EU: The international trade committee of the European Parliament met with international trade bodies on January 18, as part of its consideration of an October European Commission draft regulation on compulsory licences for medicines intended for export to developing countries. The meeting focused on how the introduction of new IP rights in developing countries, in line with the TRIPs Agreement, would affect public health. UK: Rules to modernize the patent system were introduced in January. The Patents Act 2004, many parts of which came into effect on January 1, includes new provisions on costs and expenses in infringement proceedings, restrictions on filing abroad and remedies in entitlement proceedings. It also aims to bring more clarity to the vague area of compensation for employee-inventors. UK: The International Federation of the Phonographic Industry released its Digital Music Report 2005, concluding that digital music sites are taking off among consumers thanks to more legal online sites and portable listening devices such as Apple's iPod. The number of legal downloading sites increased to 230 in 2004, with consumers buying 200 million songs in 2004 compared with 20 million songs in 2003.

Under the Mexican Industrial Property Law (IPL), in force since August 2 1994, a trade mark application resulting either in a relative or an absolute ground for refusal can be objected to in a first instance proceeding before the Mexican Institute of Industrial Property (IMPI). This proceeding provides the applicant with a reasonable term to file arguments to overcome the objection. If the arguments submitted by the applicant do not overcome the objection, according to IMPI's criteria, the application should be formally refused.

A number of recent cases have addressed the breadth of protection for patents in the UK, Germany and Japan. Ewan Nettleton, Alex Wilson, Julian Eberhardt and Hirokazu Honda examine the consequences for inventive improvements and ask how far international practice is harmonized

Fabrizio Miazzetto examines the issues litigants should consider when bringing proceedings before the new CTM and CD courts in Alicante and discusses the opportunities for rights owners to forum shop in Europe