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The fair basis requirement has vanished from UK patent law – but remains an important consideration in Australia. Barry Eagar says overseas applicants must pay attention to this requirement and ensure that the claims correspond to the patent specification

The directive concerning legal protection of biotechnological inventions (98/44/EC) has not been annulled according to a judgment made by the European Court of Justice (ECJ) on October 9 2001 (C 377/98).

New copyright legislation emphasizes China’s commitment to its international obligations. While overseas copyright owners should welcome the new law, enforcement of their rights will remain a challenge, argue Luke Minford and Stella Li

Pharmacia Corp, GD Searle & Co and Pfizer Inc (the patentees) were the proprietors of European Patent (UK) 0 679 157 (the patent) relating to chemical compounds having use as non-steroidal anti-inflammatory drugs (NSAIDs). The patentees appealed the findings at trial that the patent was invalid and not infringed by the defendants, Merck & Co Inc and Merck Sharp & Dohme Ltd (Merck). On appeal, the finding of invalidity was confirmed (Court of Appeal, December 14 2001). Merck's chemical compound, sold under the name Vioxx, was held to fall within claim 1 and would have infringed if the claim had not been held invalid.

The fair basis requirement has vanished from UK patent law – but remains an important consideration in Australia. Barry Eagar says overseas applicants must pay attention to this requirement and ensure that the claims correspond to the patent specification

Jane Mutimear examines how the courts in Germany and the UK, as well as OHIM, have treated trade mark applications arising from generic domain names

A trade mark registration in Mexico is in full force for a term of 10 years from the filing date. After that time it is necessary to request renewal before the Mexican Institute of Industrial Property (IMPI). According to the Law of Industrial Property (LPI), to proceed with this action the corresponding trade mark must have been used in Mexico within the last three years. The question arises as to what can be done when a trade mark has not been used in that time and registration is due for renewal.

New copyright legislation emphasizes China’s commitment to its international obligations. While overseas copyright owners should welcome the new law, enforcement of their rights will remain a challenge, argue Luke Minford and Stella Li

Guylyn R Cummins, Gray Cary Ware & Freidenrich LLP

The directive concerning legal protection of biotechnological inventions (98/44/EC) has not been annulled according to a judgment made by the European Court of Justice (ECJ) on October 9 2001 (C 377/98).