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The Indian Trade Marks Rules 2002 were recently amended to adopt the Ninth Edition of Nice Classification, in order to align the trade mark laws in India with the international system. Additional service classes, namely classes 43-45, have been added. The applicants are requested to bring their existing applications in compliance with the new classification. All new applications for classes 43-45 with effect from July 1 2010 will be accepted by the Trade Mark Office in accordance with the new specification of services.

Since last year's Americas IP Focus went to press, the law has evolved rapidly. Perhaps most internationally relevant was the US Supreme Court's June decision in Bilski v Kappos, which changed the criteria for determining patent eligible subject matter in the US and reinforced the country's commitment to allowing patents on business methods and software. It will be years before the true impact of that decision is known – as the lower courts and the USPTO attempt to define what constitutes an abstract idea and how much weight the machine-or-transformation test should still hold.

At the time Greece acceded to the European Patent Convention, a reservation was filed under article 167.2a by which patents providing protection to pharmaceutical products as such should not have effect in Greece. While the reservation expired in 1992, the effects of the reservation on patents filed while this was in effect would exist during the entire life of these patents.

On July 2 2010, the Advocates General (AG) of the Court of Justice of the EU delivered their statement of opinion regarding the draft agreement on the establishment of a European patent court. The opinion of the AG, which is non-binding on the Court, concludes that the draft agreement is incompatible with EU law. The reasons underlying this conclusion are, however, of such a nature that it seems possible to overcome the AG's objections by rather uncontroversial amendments to the agreement, and possibly of the European Patent Convention.

The Austrian Supreme Court recently handed down a judgment that may answer some burning questions on patent infringement proceedings.

Charles Goemaere and Fabrice Mattei consider the lessons GI owners can learn from Champagne’s successful registrations in Thailand and Indonesia

The USPTO has issued updated guidelines for examiners with respect to determining whether or not an invention is obvious. In the past three years, there have been several significant cases that have clarified the KSR v Teleflex ruling on obviousness further. The new guidelines take into consideration a total of 24 Federal Circuit cases that have offered additional guidance for examiners on interpreting KSR. The Office has grouped the cases into four categories of teaching points: (1) combining prior art elements; (2) substituting one known element for another; (3) the obvious-to-try rationale; and (4) consideration of evidence. These include In re Kubin, Crocs v International Trade Commission, DePuy Spine v Medtronic, and Eisai v Dr Reddy's Labs. Robert Polit of McAndrews Held & Malloy said that the guidelines will be "very useful – if examiners decide to use them". The guidelines are open to public comment and suggestions should be sent by email to KSR_Guidance@uspto.gov. There is no deadline for submitting comments.

Eileen McDermott, New York

National IP offices in Europe no longer simply examine patents and grant trade marks. Many are offering a range of add-on services. So what can they offer you? Emma Barraclough and Simon Crompton report

A distinction between lawyers and patent agents in Canada has caused uncertainty as to whether foreign attorneys’ communications with their clients will be privileged in Canadian courts. Alex Stack explains the implications