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  • Australia:The government said that it was considering adopting a US-style fair use defence to copying that would allow consumers to copy films and music without the risk of breaking the law. At the moment, anyone who copies a CD to their Apple iPod or a cassette is technically infringing the Copyright Act. Australia:The head of the business lobby group Australian Industry Group urged the government to set up an IP monitoring and dispute panel before it starts any negotiations with China over a free trade agreement. India: A Delhi High Court judge ruled that a famous sculptor has complete rights over a work he created for a state building. The Judge ruled that Amar Nath Seghal had an actionable right under the Copyright Act, even though the government owned the mural's copyright. The court ordered the government to return the artwork to the sculptor and pay him Rs500,000 ($11,400) in compensation. The judge also ruled that the government no longer had any rights over the work. Japan:Judge Katsumi Shinohara of the Tokyo High Court's IP Department is to become the first president of Japan's IP High Court. The court will start work on April 1, and will have jurisdiction over all IP cases brought before the Tokyo High Court.
  • Harry Potter: available from Rmb22 ($2.65) US movie studio Warner Bros is to cut DVD prices and bring forward release dates in an attempt to cut piracy levels in China.
  • Some of the best inventions are the simplest ones. The invention often lies in finding a neat solution to a well-known problem. Unfortunately, when patent lawyers and the (English) courts assess the differences between the invention and the prior art, the simplicity of an invention can sometimes be lost by focussing on the detail. A recent decision from the Court of Appeal, which upheld the validity of a relatively simple patent, is of note, particularly the comments made by Lord Justice Jacob on the "obvious to try" test (Saint-Gobain PAM SA v (1) Fusion Provida Limited (2) Electrosteel Castings Limited [2004] EWHC 2469 (Ch)).
  • The Singapore Patents Act deals with international patent applications that enter the National Phase in Singapore via PCT Chapter II (where the international filing date is before July 1 2004). Under the Act, the Patent Office must receive a copy of the International Preliminary Examination Report (IPER) before it can grant a patent. Simply issuing an IPER does, however, not guarantee that an international application is patentable.
  • On November 30 2004, the Senate sent for revision to the Lower Chamber of Representatives (Cámara de Diputados) a Decree to amend the Mexican Industrial Property Law. Among other amendments, the Decree includes amendments to Article 142 of the Law.
  • Questions of patentability are at the forefront of IP law in the Andean countries. Gabriela Nuñez argues that international pharmaceutical companies have gone too far in seeking protection in three recent cases
  • Setting a royalty rate is an essential part of any technology agreement. Gareth Morgan considers the lessons from three recent English cases where royalty clauses were disputed
  • We hear all of the time that the internet has changed our lives. Well, it also has changed the way we practise law and has allowed us to obtain information about US patents, patent applications, and patent cases almost instantaneously. Such information enables us to answer our client's questions cost effectively. I have found that several of the US government-sponsored, IP-related websites are particularly helpful. Moreover, these sites are free and do not require an account set-up.
  • The government has announced that it wants to make a number of key changes to Korea's Patent Act. It is expected to submit a bill introducing the changes to the National Assembly in October 2005. The proposed revisions deal with the following points: