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  • Reinhardt Schuster, of Bardehle Pagenberg Dost Altenburg Geissler in Munich and Düsseldorf, looks at the advantages of patent infringement litigation in Germany
  • Singapore has gone all out to position itself as an international biotech and pharmaceutical R&D centre. As more and more companies pour money into the island state, Emma Barraclough looks at how Singapore became the darling of the biomedical multinationals
  • Emma Barraclough, Hong Kong
  • Unlike many jurisdictions, Germany has separate trials for hearing patent validity and infringement. Volker Hamm, of Maiwald Patentanwalts GmbH in Hamburg, examines how to conduct litigation to nullify a patent
  • Unlike common law jurisdictions, Indonesia has no tort of passing-off. Instead, IP owners are trying to find ways of using statutory remedies to seek relief from rivals who steal their goodwill. But as Benhard Paul Sibarani, A Yulianto Nurmansyah and Michelle Dahl explain, despite a series of new laws, the legal hurdles to bringing a claim for passing off remain high
  • As well as offering opportunities, off-shoring can expose businesses to a number of risks. Michael Chissick and Belinda Doshi look at how those risks can best be managed and examine the oft-neglected IP aspects of off-shoring
  • A recent ECJ ruling confirms the registrability of combinations of colours as trade marks. David Stone and Nicholas Bolter review the decision, and provide some practical help in overcoming the difficulties now facing trade mark owners
  • Hong Kong: A Hong Kong court handed down its stiffest punishment for a motion picture counterfeiting case, sentencing a husband and wife piracy team to six-and-a-half years in jail for conspiracy after the pair jumped bail. Raids in 1998 revealed the couple had over 22 million pirated VCDs and 41 VCD replication lines. New Zealand: Pfizer failed to persuade the New Zealand courts to allow it to patent methods of medical treatments of humans, after the US pharmaceutical company tried to test the scope of the country's patent law. Japan: The Japanese Fair Trade Commission told Microsoft it must overturn its ban on computer manufacturers suing the software company for patent infringement. The US company has already pledged to drop the no-litigation clause from future contracts but the Japanese watchdog wants Microsoft to cancel the provision retroactively. Microsoft said it would challenge the decision. Malaysia: The Ministry for Domestic Trade and Consumer Affairs said it was considering reforming the country's legal system to set up a separate IP court. At the moment IP cases are heard in the commercial division of the High Court, but a backlog of cases has prompted the government re-think. Australia: The Australian Senate passed the US Free Trade Agreement Implementation Bill 2004 on August 13 but amendments introduced by the opposition Labor Party are set to make it harder for originator pharmaceutical companies to bring patent litigation against generic rivals.
  • In two recent decisions (Sony Computer Entertainment Inc & Others v Gaynor David Ball & Others, High Court Action No HC-03-C04467, May 17 2004; July 19 2004; and August 10 2004) the High Court considered UK copyright law concerning devices that circumvent copy protection and litigation practice regarding statements of truth.