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  • Hong Kong's high profile anti-piracy legislation is to be partly suspended less than a month after it came into effect. The Hong Kong administration is to enact the Copyright (Suspension of Amendments) Ordinance, which will put parts of its anti-piracy legislation on hold after protests from the public and industry. The administration's much-lauded Intellectual Property (Miscellaneous Amendments) Ordinance to combat copyright infringement came into effect on April 1. The highly-publicized legislation aimed to make criminally liable anyone who possessed pirated copies of copyrighted works in the course of, or in connection with, any trade or business.
  • Pharmaceutical company GlaxoSmithKline's proposed scheme to restrict exports of cheap medicines from Spain to other parts of Europe is illegal under EU competition rules, according to the European Commission. On May 8, Mario Monti, the EU competition commissioner, ended three years of deliberation by banning the dual-pricing scheme claiming it interfered with the Community's objective of integrating national markets and restricting price competition.
  • James G Conley and John J Szobocsan ask how IP owners can achieve sustainable competitive advantage through protected differentiation. Or, in other words, why am I in this long line to buy a Snow White video – a film first released in 1937?
  • The biotech industry is growing rapidly but facing many new challenges, from revised PTO guidelines to the possibilities of licensing and patent pooling. Tabitha Parker asks senior in-house counsel how they are coping with change
  • It is an established principle applied by the European and German patent authorities that, under certain circumstances, functional features may be used for the characterization of subject matter in patent claims (see eg EPO in T 68/85; German Federal Supreme Court in "Trioxan"). Functional features have always been essential for obtaining meaningful protection for biotechnological inventions. Recently, an increasing trend towards a more general use of this type of feature for obtaining broad patent protection can be observed, specifically where patent protection for pharmaceutical compounds and medical uses is sought. Applicants should, however, be aware of the requirements to be met for the successful use of functional features in patent claims.
  • The Baby-dry case is the first appeal to be heard by the Court of Justice in Luxembourg in proceedings concerning a Community Trade Mark. The Court of First Instance had decided not to register the term Baby-dry, used for babies nappies (or diapers). The court believed that the term is ineligible for registration as a Community Trade Mark. The examiner considered that the trade mark was descriptive of the goods for which registration was sought. She was of the opinion that Baby-dry was composed only of a simple combination of the non-distinctive words baby and dry. The mark therefore consisted exclusively of an indication which may serve in trade to designate the intended purpose of goods (Article 7 (1)(c) of the Trade Mark Regulation) such as those for which registration is sought, ie keeping a baby dry.
  • Tony Samuel, in the third of three articles on intellectual property value issues, considers some of the questions arising from the enormous growth in the worth of media and sponsorship rights in sport
  • Patent infringement litigation involves a large number of uncertainties. Alexander I Poltorak and Paul J Lerner reveal how to calculate the risk involved
  • The decision of the ECJ rejecting a ban on tobacco advertising and sponsoring was met with applause in the EU. But the European Commission now wants a pan-European prohibition of tobacco advertising in the print media, reports Henning Hartwig
  • Two of Asia's biggest names in IP have joined together to form a new specialized practice in Singapore. IP law firm Ella Cheong & G Mirandah and patent and trade mark attorneys Spruson & Ferguson Pte Ltd, the Singapore branch of Australia's Spruson & Ferguson, will be launched formally on June 6. But the new firm, Ella Cheong Mirandah & Sprusons, is already open for business. The link between the two Singapore firms was announced during the AIPPI congress in Melbourne in the last week of March. It is expected that all staff from Sprusons's Singapore office and from Ella Cheong & G Mirandah will join the new set-up. Cheong is retiring as a partner of Wilkinson & Grist, the Hong Kong law firm, and will chair Ella Cheong Mirandah & Sprusons.