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  • Once perceived as a haven for pirates, Malaysia has responded with a positive salvo to eliminate this negative outlook. With a view to attracting and safeguarding local and foreign investment in the country, the authorities have been using various measures to eradicate this menace.
  • Noel Courage of Bereskin & Parr explains how to adapt claims to Canadian style to make for a shorter trip through the Patent Office
  • The US Supreme Court decision in MedImmune gave licensees the right to challenge a licensed patent while continuing to pay royalties. But those patent owners that are responding to the new challenge by redrafting their licences must pay close attention to EU competition rules, say Sangeeta Puran and David Fyfield
  • In my briefing last month, I explained that US patent litigation is governed by the American Rule pursuant to which the prevailing party is not automatically allowed to recover its attorney fees. Rule 54(d) of the Federal Rules of Civil Procedure, however, states that "costs other than attorneys fees shall be allowed as of course to the prevailing party unless the court otherwise directs". The US Supreme Court has explained that Rule 54 does not provide "unrestrained discretion to tax costs to reimburse a winning litigant for every expense he has seen fit to incur in the conduct of his case" (Farmer v Arbian Am Oil Co, 379 US 227, 235 (1964)). Rather, federal courts are bound by 28 USC Section 1920, which expressly lists the kinds of expenses that a federal court may tax as costs, and the courts have stated that Section 1920 thereby imposes "rigid controls" on cost-shifting in federal courts ((Crawford Fitting Co v J T Gibbons, Inc, 482 US 437, 444 (1987)).
  • Sharmila Sekarajasekaran of the Recording Industry Association of Malaysia explains how music companies have made use of landlord liability rules to make life far harder for music pirates
  • Plant variety protection is yet another progression in India's IP evolution. Neeti Wilson of Anand and Anand explains how it works
  • The US has, until now, been the preferred habitat of the patent troll. But assertive licensing companies are becoming increasingly aware of how they can use Europe's fragmented system of patent rules to their negotiating advantage, explain William Cook and Dafydd Bevan
  • Is it possible to patent biotech and pharmaceutical inventions globally using just one specification? John T Callahan and Ken Sakurabayashi of Sughrue Mion PLLC examine practice in the US, Japan and Europe and suggest some considerations in drafting
  • The Mexican Industrial Property Law (IPL) does not provide for oppositions to trade mark registration, which is generally understood as the ability of third parties to oppose the granting of a trade mark registration within a set period of time after the publication of the application.
  • On January 4 2007, the Department of Agriculture (DA) issued the implementing rules and regulations of the Livestock and Poultry Feeds Act (RA 1556, amended by PD 7), governing the registration of feed establishments, animal feeds, feed ingredients, feed supplements, feed additives, base mixes, concentrates, special feed nutrient preparations and other feed products (Administrative Order No.12, Series of 2007). Some of the salient points are as follows: