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  • On April 10, the European Parliament, in its first reading of the Tissues and Cells Directive (the Directive), voted in favour of a ban on the creation of human embryos for research purposes including stem cell research. MEPs stopped short of demanding an outright ban on the use of embryonic stem (ES) cells for research. However, they imposed severe restrictions, the effect of which could be to make it difficult for scientists to justify their use.
  • Marion Rees, IP manager, Virax, Australia
  • As the race among global leaders spurs exponential growth in nanotechnology, companies must keep watch on intellectual property issues emerging with the new field, explains Vicki Norton
  • Section 10 of the German Patent Act defines the constituent elements of contributory infringement as follows: a patent has apart from prohibiting direct infringement the further effect that a person not having the consent of the patentee shall be prohibited from supplying or offering to supply within the territory to which the Act applies a person, other than a person entitled to exploit the patented invention, with means relating to an essential element of such invention for exploiting the invention, where such person knows or it is obvious from the circumstances, that such means are suitable and intended for exploiting the invention. This does not apply when the means are staple commercial products, except where such person induces the person supplied to commit acts of direct infringement.
  • Sam Mamudi, New York
  • Europe's highest court has set back Dutch company Libertel's bid to register the colour orange for its telecommunications business in a decision on May 6.
  • The Hatch-Waxman Act in the US represented a careful balance of interests between the generic and brand name pharmaceutical manufacturers. William Feiler and Paula Wittmayer examine the Safe Harbor exemption and the challenges it represents to the biotech industry
  • The Harvard oncomouse drew world attention to the issue of patentability of life forms. Pierre-André Dubois and Kate McCallie explore the divergent approaches of patent authorities in the US, Canada and the EU
  • For copyright owners, news from Hank Barry, Napster´ s CEO, that there are more than 200 million multimedia PCs worldwide with the capacity to copy an MP3 file, and that Napster´ s software has been downloaded and installed 57 million times, will make grim reading. Except that is for copyright owners in France. French authorities are planning to put levies on the sales of computers and digital recording devices as a means of compensating musicians and film-makers against pirate copying. The taxes on recordable CDs, DVDs and mini-discs went into effect on January 22. A 420-minute recordable DVD faces a Ffr57.7 ($9) levy, most of which will go directly to the artists and producers.
  • The frictions between the laws regulating the ownership and exercise of IP rights and anti-competitive agreements are known and long-standing. What is less widely understood is the extent to which this situation will change following recent reforms to UK and EU competition law, explains Guy Lougher