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The scope of IP protection in the biotechnology and life sciences sectors in Canada and the extent that such IP rights may preserve market exclusivity has been shaped by a number of recent authoritative judicial decisions. Arthur Renaud and Martin Kratz of Bennett Jones look at two areas that have particularly been shaped by the courts

In an age of increasing globalization, Canada's courts have crafted a copyright jurisprudence that brings the country closer to the US in particular says Robert Howell of the University of Victoria

As General Counsel for one of Canada's most successful companies, Richard Brait's focus is as much global as local. He tells Sam Mamudi how his company handles its IP portfolio

The Singapore High Court recently clarified the legal position concerning shape marks.

The Supreme Court of the Philippines decided 5 intellectual property cases in 2005. In the case of NBI-Microsoft et al v Judy C Hwang et al (GR No 147043, June 21 2005), Microsoft filed a complaint for copyright infringement and unfair competition. The courts issued search warrants by virtue of which several pieces of computer-related hardware, software and accessories were seized. During the preliminary investigation, the Department of Justice (DOJ) dismissed the complaint for lack of evidence and lack of interest in prosecuting. The respondents' defence was that in filing the complaint, Microsoft's real intention was to collect unpaid royalties (some of the respondents were former Microsoft licensees). On appeal, the Supreme Court set aside the resolutions of the DOJ and ruled that the scope of copyright infringement is not merely the unauthorized "manufacturing" of intellectual works but rather the unauthorized performance of any of the acts covered by the Copyright Law.

The Emergency Ordinance No 100/2005 on the protection of industrial property rights has been passed in Romania, implementing the provisions of Directive 2004/48/EEC (of April 29 2004), regarding the observance of intellectual property rights.

After a four year battle with a number of New Zealand clothing companies (the opponents), the New Zealand Rugby Football Union (NZRFU) has failed in its attempt to register what it described as a "three dimensional shape being a black rugby jersey, or casual shirt made in the style of a rugby jersey, bearing a fern with a white collar" (see diagram).

Sorting out who owns what in when a licensing partner goes bust can be a tricky business. Andrew Jones of Sim Lowman Ashton & McKay looks at cases that have shaped the rights and obligations of parties in such cases

An effective and efficient patent application process is the first step in building a valuable portfolio. Eugene J Gierczak and Daryl W Schnurr of Miller Thomson explain Canada's patent framework

Owning a market-leading product or innovation is useless if you fail to keep your competitors from copying you. Daniel S Drapeau and George R Locke of Ogilvy Renault outline the most effective options available to rights owners