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The Tasman Sea is a small strip of water separating New Zealand and Australia. These days it is looking even smaller.

For biotechnology and pharmaceutical inventions, it is common practice to generalise experimental findings into a conceptual teaching by using functional features in patent claims. Applicants can thereby obtain protection not only for specific embodiments disclosed in the patent specification, but also for undisclosed embodiments – including future embodiments – which fairly make use of the invention. However, functional features frequently encounter scepticism from examiners. Such claims are often rejected as excessively broad and not sufficiently disclosed, allegedly because the claimed subject matter may not be realised by the skilled person across the full breadth of claim without an undue burden.

As is probably the case in all jurisdictions, a design as intellectual property belongs primarily to its creator. In the case of a team of designers (all natural persons) this leads to a shared property with several owners. In the case of a formal acknowledgement of that ownership in a design register, these creators or designers will be entered as owners.

As is clear from the figure, the patent invalidation rate at the JPO was very high before 2008. Similarly, in patent infringement cases, many of the patentee's claims were dismissed due to patent being found invalid. However, the patent invalidation rate in the JPO has been declining since 2009 and the same trend is apparent in patent infringement cases. One of the reasons for this drastic change may be an IP High Court judgment in January 2009 by Judge Iimura, the current chief judge of the IP High Court. How did the way of determining inventive step in Japan change?

Who does not know the name Gagarin? The name of the first cosmonaut, who paved the way to the outer space, is known probably to everyone in the world. It's not surprise that some businessmen wanted to ride on this global popularity. A Russian company filed and surprisingly obtained a figurative trademark (number 422186), which features a yellow star and a triangle, and a red tetragon and words.

The Mexican IP Law (IPL) entitles third parties with an interest to seek the cancellation of trade mark registrations on the basis of non use, when they are abandoned within a period of three years before the submission of the cancellation claim.

Companies' competitive power is related – to a great extent – to their capacity and ability to generate and manage technological and commercial information and knowledge. Under certain circumstances, that information needs to be kept confidential, for example: when it entails a competitive advantage over third parties; when the less the knowledge is disclosed the more its economic value increases; and when it implies the power to disclose that information to other interested parties willing to pay for said disclosure.

A new EU Anti-Piracy Regulation is set to enter into force on January 1. Hidde Koenraad looks at the main changes, and what rights owners can benefit from them

Patent term extension is available for patents relating to pharmaceutical products (excluding animal drugs) in Taiwan. An extension application should be filed within three months of the date the approval certificate is obtained and at least six months before the patent is due to expire.

A recent decision of the Ontario Superior Court of Justice underscores the importance of drafting clear and unambiguous terms in settlement agreements.