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  • Methods for treatment of the human body by surgery are generally excluded from patentability under Article 53(c) EPC. In decision G01/07, the Enlarged Board of Appeal (EBA) of the European Patent Office recently decided on a referral putting forward several questions concerning the patentability of methods of treatment of the human body by surgery, especially in a case where the treatment itself, although including a significant physical intervention on the body, is not of a curative nature per se.
  • Canada, like many other countries, has developed a relatively user-friendly electronic filing system for Canadian trade mark applicants. However, is the apparent ease with which an applicant can file and prosecute an application having unintended effects?
  • On March 19 2010, the Drug Administration of Vietnam (DAV) issued a notification to request that local Departments of Health in all cities and provinces of Vietnam step up the inspection and supervision of cosmetics to prevent counterfeits and illegally imported cosmetics from being circulated in the market. Accordingly, the local Departments of Health are coordinating with 127 local and central government agencies to inspect and supervise distribution and after-sale activities in the cosmetics industry. Truong Quoc Cuong, director of the DAV stated that, in this campaign, the authorities will monitor manufacturing and importing enterprises, cosmetics market places and border markets which are now known for the distribution of counterfeit and illegally imported products.
  • The Federal Supreme Court recently decided on whether the Patent Office may rightfully register a patent licence solely on the request of the licensee. This was the practice of the Office in view of the fact that the Patent Act provides no specific rules as to who may apply for the registration of a licence and whether it is sufficient for proof of title to file the licence contract, or whether an explicit consent of the patent owner is needed; the Act also does not provide any rules on how the Registrar should act if it is contentious whether a licence contract is (still) valid or not.
  • Secretive negotiations are underway for an international anti-counterfeiting deal. But what will ACTA mean for Europe? Marlous Stal-Hilders of Nederlandsch Octrooibureau explains
  • Counterfeiters often use Mexico as a gateway to Central and Latin America. So stopping fakes both at the border and inside the country can be very cost effective. Sergio Rangel of Olivares & Cia outlines the best strategies
  • During two Managing IP-hosted webcasts last month, participants discussed the implications of the In re Bilski decision in the US and Chinese litigation tactics
  • Does registration of 2-D mark under Singapore's old law confer 3-D mark protection under the new law? Kevin Wong and Angeline Raj of Ella Cheong Spruson & Ferguson (Singapore) examine a recent infringement case which considered shape marks
  • As part of its internationalization process, Chile is due to introduce reforms to its IP laws to bring them in line with the requirements of the TRIPs Agreement. Eduardo Molina and Sergio Amenabar explain what the changes will mean for rights owners