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The Portuguese IP Code dated 1940 computed the term of a patent by counting 15 years from the grant date. Later, the IP Code of 1995 introduced the term of a patent as 20 years from the filing date. However, for those patents filed before 1995 and granted after, the term calculation was made by considering the greater protection that could be given. Since the grant process could take, in some cases, seven or eight years, the duration of a patent could be more than 20 years from the application date! Further, when SPC applications based on those patents were filed, the total protection could be 27 or 28 years or even more.

The US Supreme Court recently heard arguments on whether a computerised system for managing settlement risk constitutes patent-eligible subject matter, a question that had left an en banc Federal Circuit divided and without a majority opinion. While this case is similar in many respects to Bilski v Kappos, neither Bilski nor subsequent Supreme Court and Federal Circuit decisions have articulated a definitive test to determine whether computer-implemented inventions are eligible for patenting. Perhaps perceiving a need for such a test, the justices focused several questions on where and how a line should be drawn between patent-eligible and patent-ineligible subject matter.

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam

Recently two decisions were handed down regarding payments for infringement of IP rights, one in a copyright case concerning use of a databank (4 Ob 133/13g), and one in a trade mark case concerning the mark Grant's for artificial whisky sold in cans (4 Ob 182/13p). Both were actions by stages.

Given the popularity of the European opposition system and the new inter-partes review (IPR) proceedings introduced under the America Invents Act (AIA) in the United States, it may be time to rethink the limited options available to third parties for challenging patents in Canada.

Revisions to the PRC Trade Mark Law entered into effect on May 1 2014. They offer some potentially valuable weapons for addressing registry pirates as well as infringements in the market. Set out below is a summary of these new tools, as well as an overview of changes to the law's Implementing Regulations, issued by the State Council in late April.

According to article L 112-1 of French Intellectual Property Code, copyright "protects the rights of authors of all works of mind, whatever their kind, form of expression, merit or purpose".

The Community trade mark SÔ:UNIC was considered by three instances not to be confusingly similar to a family of marks. What happened?

In its decision "Kommunikationskanal" (X ZR 107/12) of February 11 2014 the Federal Supreme Court discussed the criteria for claiming the priority of an earlier application. It appears to adopt a more liberal approach than the EPO Boards of Appeal.

A Belgian insurance company launched a reward programme for safe drivers under the name DVV OsCar and filed a semi-figurative trade mark including that denomination. It used the title "And the OsCar goes to…" in some online advertising too.