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Ingrid Hering, London

Ralph Cunningham, Hong Kong

Dust off your dormant IP and reap the benefits of donating it to a non-profit organization. Not only can it bolster your bottom line; it can also foster R&D and academia, reports Ingrid Hering

A trade mark registration in Mexico is in full force for a term of 10 years from the filing date. After that time it is necessary to request renewal before the Mexican Institute of Industrial Property (IMPI). According to the Law of Industrial Property (LPI), to proceed with this action the corresponding trade mark must have been used in Mexico within the last three years. The question arises as to what can be done when a trade mark has not been used in that time and registration is due for renewal.

In Aptix Corp v Quickturn Design Systems, Inc (60 USPQ 2d 1705 (Fed Cir November 5 2001)), two members of a three-judge Federal Circuit panel held that a US patent remains "presumptively valid" and enforceable, despite the admitted blatantly fraudulent conduct of its inventor in seeking its enforcement before a federal district court. The decision is troublesome, because it overrules the contrary Federal Circuit ruling in Fraige v American National Watermattress Co (27 USPQ 2d 1149, 1151, n3 (Fed Cir 1993)) and repudiates a principle considered virtually axiomatic among US lawyers for many years ? that is, that fraud practised in connection with either acquiring or enforcing a patent renders the thus-tainted patent permanently unenforceable. Furthermore, it is difficult to see any legitimate public or private purpose that is served by pronouncing the patent presumptively valid and hence enforceable either by someone other than the original patentee or by the patentee at a later time and in the absence of the offending research notebooks.

Pharmacia Corp, GD Searle & Co and Pfizer Inc (the patentees) were the proprietors of European Patent (UK) 0 679 157 (the patent) relating to chemical compounds having use as non-steroidal anti-inflammatory drugs (NSAIDs). The patentees appealed the findings at trial that the patent was invalid and not infringed by the defendants, Merck & Co Inc and Merck Sharp & Dohme Ltd (Merck). On appeal, the finding of invalidity was confirmed (Court of Appeal, December 14 2001). Merck's chemical compound, sold under the name Vioxx, was held to fall within claim 1 and would have infringed if the claim had not been held invalid.

? China: The State Council unveiled a new statute on copyright protection of computer software on January 11. The new legislation, which runs to 33 articles, states that an individual software developer shall retain his copyright throughout his life and for 50 years after his death.

Gladys Mirandah of Ella Cheong & G Mirandah discusses three cases which have clarified the extent of trade mark protection for rights owners in Singapore in the past year

As Italy introduces a new opposition system for trade marks, Michel Jolicoeur and Christiano Bacchini, of Racheli & C SpA, analyze how it will benefit applicants

India has made various changes in the trade mark arena. These include improvements in infrastructure, and changes in the law and procedure. Nikhil Krishnamurthy of Anand and Anand Advocates takes a look at the developments over the past year