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  • The Andean Pact member states have long been viewed as a backwater in the technology field. But, reports James Nurton, the new Decision 486 should radically improve patent protection and transform that image
  • January 1 2000, as for many developing countries, was an important date in India’s diary. It marked the end of the country’s five-year transition period and the moment it became subject to the TRIPs agreement. Tabitha Parker spoke to two senior industry figures about the change
  • The decision of the Court of Appeal in Douglas & Others v Hello Ltd has been heralded as having recognized a right of privacy in English law. Stephen Bate and Lawrence Abramson analyze the decision and its implications
  • Internet and e-commerce allow an entrepreneur to develop sales schemes of its products and services with a never previously imagined territorial scope and extension. Direct selling is both attractive and advantageous. E-commerce requires in some cases, therefore, the adjustment and of course, the amendment of some clauses of commercial inter-mediation contracts, either distribution, agency, licence, supply or franchise contracts.
  • As global trade increases, technology transfer will play a more important role. Walt Bratic and Sanford Warren provide a guide to putting deals together
  • This month´ s cover story tackles the thorny question of what constitutes fair advertising. Clothing company Benetton has built its reputation by shocking and surprising consumers with pictures depicting natural disasters, illness and danger. Its tactics have led to complaints from the public and regulators, with authorities in some countries banning particular adverts. In Germany, the picture of an oil-encrusted duck was held by the Federal Supreme Court to be offensive under the Unfair Competition Law. Following a five-year legal battle, in December the Federal Constitutional Court overturned this ban. The decision gives a green light to advertisers (companies and charities) to use provocative images in their advertising in Germany, previously one of Europe´ s more restrictive markets.
  • The landmark decision of Genelabs Diagnostics Pte Ltd and Nagase Singapore (Pte) Ltd v Institut Pasteur and Pasteur Sanofi Diagnostics (Civil Appeal No 14 of 2000) was the first patent infringement case involving a biotechnology patent to be heard and litigated in Singapore. In a judgment delivered by Justice of Appeal Chao Hick Tin, the Court of Appeal dealt with the validity and infringement of a patent on the HIV-2 virus. Facts of the case
  • Asia has turned the corner in addressing IP deficiencies. But problems remain – from the political wranglings in Indonesia to the booming Korean market. Tabitha Parker investigates
  • On May 10 2000, there entered into force a new Act No 116/2000, amending some IP laws, including the Patents Act No 527/1990. The only exception concerns Section 3 of the Patents Act, regulating European patent applications and the European patent. This Section will enter into force on July 1 2002, ie on the day of the supposed accession of the Czech Republic to the EPC. The most important part of the said amendments concerns the grant of supplementary protection certificates for medicinal products and plant protection products. Commercial exploitation of inventions protecting such products is shortened by the registration proceeding carried out by the respective state authorities before such products can be put on the market. In justified cases, supplemental protection certificates extend the life of protection by the time of registration proceeding. Reasons for the introduction of supplementary protection certificates are just the same as those which led the European Union to adopt Regulations of the Council No 1768/92 and 1610/96 ie to keep up the level of research, and to safeguard a competition ability and free circulation of medicinal products and plant protection products.
  • CHINA: Intcera High Tech Group is adding a new plant in mainland China to expand its manufacture of fibre-optics components. CHINA: The Ministry of Information Industry and National Copyright Administration prepared a draft amendment to the Regulations for the Protection of Computer Software. Changes include an extension of the period of protection for software from 25 years to 50 years. EUROPE: From January 1 2001, new Block Exemptions and Guidelines, which affect trade between the member states of the European Union, became effective. The aim of the Guidelines is to provide a simplified framework for assessing whether a horizontal agreement comes within the Article 81 (1) prohibition and, if it does, whether it is exempt from it. UK: Protocol Solutions, which specialized in NT and desktop systems, has been forced into receivership following legal action taken by the police over counterfeit software. US: Brobeck Phleger & Harrison raised its first-year associate pay by $10,000 to $135,000. A first-year associate can now expect to receive $170,000. US: In the first case of its kind, federal prosecutors in Los Angeles have claimed a website selling counterfeit software on the internet as part of a criminal case. Maria Yolanda and Sola Lirola, who made $900,000 in profit, sold software billed as retail products from companies such as Adobe and Microsoft.