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In a recent matter before the Gauteng North High Court (Bayerische Motoren Werke v Grandmark International) BMW took on a spare parts manufacturer, Grandmark International, for alleged infringement of its registered designs. The designs related to various parts of a motor vehicle, for example a bonnet, which BMW alleged were being infringed by Grandmark. However, the court found that a part such as a bonnet is a purely functional article, and as such cannot be filed as an aesthetic design. This judgment sparked debate from various corners, as it has a profound impact on original motor manufactures and replacement part manufactures alike.

Nordic law firm Roschier has created a new trade mark prosecution practice in Finland by absorbing Benjon.Benjon, which does trade mark prosecution, portfolio management and strategy work, became part of Roschier's IP and technology team as of October 8. Markku Tuominen (far left), newly appointed as partner, will lead this new practice while Benjon founder Seija Saaristo retires.

A US jury will decide whether a mother can claim damages from Universal Music, which issued a DCMA takedown notice over a home video she posted to YouTube of her infant son dancing to a Prince song. The 29-second recording shows Stephanie Lenz's son jumping around to the song Let's Go Crazy by Prince &The Revolution. The music can be heard in the background of the clip, which Lenz posted on YouTube back in 2007.

New appointments at the EU's Luxembourg-based courts have seen two new judges and an advocate general begin work at the Court of Justice, with another judge at the General Court. The Court of Justice clarifies points of European law referred to it by judges in the EU's 27 member states and hears appeals of decisions of the General Court.

Pharmaceutical companies could find the life of their patents cut short in Australia after the government announced it is rethinking provisions that enable patent rights to be extended for up to five years. Mark Dreyfus, Parliamentary Secretary for Industry and Innovation, (left) said last month that the government has set up a panel to review extension arrangements for pharmaceutical patents. "In certain circumstances, pharmaceutical patents can be extended by up to five years beyond the normal patent term. These provisions were introduced back in 1998, and are due for review," he said.

Sheila Alves The UK has appointed three IP attachés in the past year, but the EPO has opted not to replace its man in China. So what is the point of attachés and how are companies using them?

In October the US Federal Circuit ordered a rehearing en banc of CLS Bank v Alice in the latest attempt to provide much-needed clarification on what constitutes patent-eligible subject matter in the United States.

Agriculture Minister Sharad Pawar An Indian panel of ministers has proposed that that its government put all 348 drugs on the country's National List of Essential Medicines under price control, including a number of patented drugs. The structure of the scheme provides incentives to target patented drugs on the list.

At the AIPPI Congress in Seoul last month, it was interesting to see how little public opposition there was to the proposals of Robin Rolfe and her team to reform the association. The 200-strong ExCo sat there in rows, each national group indicated by its UN-type flag on the table, as sentences flashed up on the screen calling its association "cumbersome", "overcomplicated" and "outdated".

Nanotechnology is a growing area but licensing can be tricky. A session at the AIPLA Annual Meeting last week gave advice on that and the choice between exclusive and non-exclusive licensing