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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

Interview: Judge Arjen Meij, Court of First Instance With an increasing number of Community Trade Mark cases reaching the European courts, Stéphanie Bodoni asks judge Arjen Meij from the European Court of First Instance how well the system is coping

A case that will decide how to calculate the length of patent protection for new medicines in the EU has been referred to the European Court of Justice for a preliminary ruling.

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.

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

Stéphanie Bodoni, London

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.

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 China Trade Mark Office (TMO) has recently issued the new Regulations for Recognition and Protection of Well-Known Marks (the Regulations), effective June 1 2003, to replace the 1996 version. The Regulations further clarify the implementation of the Trade Mark Law regarding well-known mark recognition and protection.

Marion Rees, IP manager, Virax, Australia