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  • Under the Plant Varieties Protection Act, the right holder of a new plant variety has the sole rights to produce, sell or distribute, import, export, or possess for the aforementioned purposes. In this context, the eligibility and practicality for a foreign applicant who wishes to seek protection for its creation under the Act is a key issue.
  • In a decision rendered on July 8 2008, the EFTA Court held that Norway can only allow for parallel imports of products that are put on the market within the EU/EEA area.
  • In Mexico, the Mexican Trademark Office (TMO) has been reluctant to grant registrations for composite trade marks, especially those involving the protection of the shape of bottles. Arguably, this is because the TMO improperly focuses its analysis solely on the shape of the bottle, without studying the collection of elements as a whole.
  • On November 11 2008 the Supreme People's Court of China published the draft Interpretation of certain questions on the application of law relating to the recognition and protection of well-known marks in the adjudication of civil disputes like trade mark infringements (Interpretations) for consultation.
  • In an important decision, Apotex Inc v Sanofi-Synthelablo Canada Inc [2008, SCC], the Supreme Court of Canada reaffirmed, in principle, the validity of selection patents where the selected members of a genus posses a special advantage not present in the remainder of the genus, provided the requirements of novelty and non-obviousness are satisfied. However, much of the Court's discussion has more general application.
  • Peter Ollier, Hong Kong
  • Recent endeavours such as the Human Genome Project have profoundly increased what we know about DNA, the blueprint for life. These efforts provide vast amounts of information regarding the genomes, or complete genetic sequences, of humans and other species. For example, genes are now understood to constitute only a small portion of the human genome, while the remaining portion is the subject of intense research. Much remains unknown about where genes begin and end, what they do and how they do it. DNA research remains robust and routinely yields new synthetic DNAs and purified naturally occurring DNAs. Patents remain vital to protecting these new DNA inventions.
  • The rules governing the activities of patent attorneys in Poland are regulated by the Polish Law on Patent Attorneys of April 11 2001 (Journal of Laws Number 49, item 509, with subsequent amendments). On the basis of Article 4, section 1, the profession of a patent attorney is to provide assistance in industrial property matters for private individuals, legal persons and entities without legal status:
  • • Ban Ki Moon praises WIPO UN secretary general Ban Ki Moon heralded WIPO's role in meeting several challenges, including climate change and the Millennium Development Goals, during his first visit to the organisation's Geneva headquarters last month. Meanwhile, WIPO director general Francis Gurry stated the need for WIPO to collaborate with other UN organisations on issues including sustainable development, access to health care and preserving biodiversity. WIPO is currently advertising for the new post of director of global challenges.