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It is an established principle applied by the European and German patent authorities that, under certain circumstances, functional features may be used for the characterization of subject matter in patent claims (see eg EPO in T 68/85; German Federal Supreme Court in "Trioxan"). Functional features have always been essential for obtaining meaningful protection for biotechnological inventions. Recently, an increasing trend towards a more general use of this type of feature for obtaining broad patent protection can be observed, specifically where patent protection for pharmaceutical compounds and medical uses is sought. Applicants should, however, be aware of the requirements to be met for the successful use of functional features in patent claims.

The Baby-dry case is the first appeal to be heard by the Court of Justice in Luxembourg in proceedings concerning a Community Trade Mark. The Court of First Instance had decided not to register the term Baby-dry, used for babies nappies (or diapers). The court believed that the term is ineligible for registration as a Community Trade Mark. The examiner considered that the trade mark was descriptive of the goods for which registration was sought. She was of the opinion that Baby-dry was composed only of a simple combination of the non-distinctive words baby and dry. The mark therefore consisted exclusively of an indication which may serve in trade to designate the intended purpose of goods (Article 7 (1)(c) of the Trade Mark Regulation) such as those for which registration is sought, ie keeping a baby dry.

Tony Samuel, in the third of three articles on intellectual property value issues, considers some of the questions arising from the enormous growth in the worth of media and sponsorship rights in sport

Patent infringement litigation involves a large number of uncertainties. Alexander I Poltorak and Paul J Lerner reveal how to calculate the risk involved

The decision of the ECJ rejecting a ban on tobacco advertising and sponsoring was met with applause in the EU. But the European Commission now wants a pan-European prohibition of tobacco advertising in the print media, reports Henning Hartwig

Has the European Court of Justice given the green light to parallel imports into Europe? Tesco says yes; Levi’s says no. Many lawyers say it is a bit more complicated than that. Tabitha Parker reports

Jane Mutimear, Bird & Bird, London, Vice president of the Intellectual Property Constituency of ICANN

A new set of amendments to the Patent Law of the People’s Republic of China will enter into force in July 2001. Elizabeth Chien-Hale examines the revisions to the compulsory licensing provisions

Jeremy Phillips looks again at the function of trade marks in the light of three cases which are heading towards the ECJ

Pursuant to the binding Law on Trade Marks, one trade mark application can relate to one trade mark only. A trade mark can be registered in respect of an unlimited number of goods and services. In the case of colour trade marks, an application can relate to only one combination of colours.