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James Nurton, London

Australia has just had its second federal court decision involving our rather controversial second tier patent system, the innovation patent. In the case, Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2010] FCA 723 (July 12 2010), the plaintiff sued over two innovation patents in the field of fish processing machinery. It is noteworthy that the second of the innovation patents was granted after the litigation had commenced and the plaintiff had seen a detailed response from the defendant on non-infringement.

Anuradha Salhotra of Lall Lahiri & Salhotra discusses copyright and domain name issues for IT, software and internet businesses

Prietika Siingh and Dheeraj Seth of Inttl Advocare discuss the registrability of well-known trade marks

Over the last couple of years, plant breeders have become increasingly aware of patent rights on plants. Because of differences between the patent system on the one hand and the breeder's rights system on the other, a conflict has arisen between the breeders community, that, as a rule, is not often concerned with patent filing and the usually larger companies that file for patent protection regularly.

Under the Japanese Patent Act, registration is required for an exclusive licensee to be able to assert its exclusivity directly against any third party , as opposed to requesting the licensor to do so. Specifically, a licensee who enters into an exclusive licence agreement with a patentee without registering such exclusive licence with the Japan Patent Office has no right to directly demand an infringer of the licensed patent to cease its infringement even within the field in which the licensee shall have the exclusivity under the licence agreement. Rather, a licensee needs to register certain information in the patent registry maintained in the Patent Office in order to obtain such right and become a true exclusive licensee. Under the current registration system, the exclusive licensee’s name and the scope of the licence shall be registered and such information shall be made available to the public; however, this registration system has been unpopular because licensees are generally reluctant to disclose information which may be considered business secrets.

My CEO saw that Diageo has added whisky to its pension fund. He is keen to explore ways of plugging our own pension funding hole with non-traditional assets such as IP. What advice do you have?

Essenese Obhan, Aparna Kareer and Sumathi Chandrashekaran of Obhan and Associates review India’s requirements on the working of patents, in particular for imported inventions, and consider the impact on compulsory licences

Sanjay Kumar and Arpita Sawhney of Remfry & Sagar consider the conflicting issues of patent protection and freedom of transit

Nandita Saikia of Saikrishna and Associates considers the proposed copyright law reform