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  • Merger set to create world’s biggest IP firm
  • Governments move to stop profiteering from human genes
  • European patents cannot be divided after grant. By contrast, national German patents can be divided during opposition and opposition appeal proceedings (Section 60 of the German Patent Act). The German Federal Court of Justice has considered the dividing of granted patents in a series of recent decisions and taken the following position.
  • Rapid technological change is forcing legislators to re-consider IP legislation everywhere. John Tessensohn and Shusaku Yamamoto analyze Japan’s attempts to modernize copyright and trade mark protection
  • For the first time ever the MPA (Motion Picture Association), which represents Hollywood’s seven leading film studios around the world, is instituting civil proceedings in Hong Kong to recover losses from optical disc piracy. In another first, the MPA is joined in the action by the IFPI (International Federation of the Phonographic Industry): the two organizations have never jointly taken part in a civil action before.
  • The German Federal Supreme Court has broken through the blockade of the German Patent and Trade Mark Office dismissing applications for abstract colours and colour combinations. Wolfgang von Meibom and Christian Harmsen look at the background and consequences of its landmark decision
  • A US court has ordered SmithKline Beecham to stop selling the varicella zoster chicken pox vaccine in the US and Canada for the next three years.
  • The Senate and the House of Representatives each passed IP bills in August designed to increase the odds in favour of trade mark and patent owners.
  • Adopting marks consisting of a slogan is becoming more frequent every day. These types of trade mark which we call slogan-marks are admissible in Italy on the condition that they possess the requisites provided for by the Italian Trade Mark Law for registration (a trade mark has to b distinctive and not deceptive, etc).
  • MIP (April 1999) reported the decision in Montana Tyres Rims and Tubes Pty Ltd v Transport Tyre Sales Pty Ltd. The appeal decision of the Full Federal Court has now been published.