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On July 1 2010 the Austrian Patent Office offers opposition procedures in addition to the possibility of cancellation proceedings. In doing so, Austria now has all the procedures available which are internationally standard in trade mark grant procedures.

Under current practice, after an allegedly infringing article or method is found to be non-infringing literally, a determination will generally be made to determine whether there is infringement under the doctrine of equivalents.

In a recently issued decision, the German Federal Court of Justice (BGH) had to decide whether decisions of the European Patent Office (EPO) or courts of other European Patent Convention (EPC) member states are binding on German patent courts (Decision of April 15 2010, Xa ZB 10/09 – Walzenformgebungsmaschine).

In the light of important recent and pending court rulings on patent eligibility, LiLan Ren of McKool Smith looks at the link between patents and economic development through history

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449 diary@managingip.com

China’s revised Patent Law contains new provisions on genetic resources. Jiancheng Jiang of Peksung explains how they affect applicants, and considers whether certain specific inventions would be patentable

My company wants to set up a website or blog that allows the public to post their own content. How do I make sure we are not held liable for any IP infringements?

Managing IP celebrated the winners of its 2010 awards at a dinner at the Dorchester, London

On May 13 2010, Attorney Ricardo R Blancaflor, newly appointed director general of the Intellectual Property Office (IPPhil), issued Office Order Number 84 entitled Policies and Guidelines on Counterfeit and Pirated Products. This Office Order mandates that all officials and employees of the IPPhil should respect IP rights and that they should not patronise counterfeit and pirated products. It also applies to visitors of the IPPhil, who shall be subject to inspection by the security guards. To implement the Office Order, the security guards at the entrances and exits of the IPPhil building are instructed to do the following:

As reported in the September 2009 issue, whether Japan should introduce a general concept of fair use was discussed at a sub-committee of the Agency of Cultural Affairs (Bunka-cho). In the autumn of 2009, the sub-committee had to cease official discussions because of a great divergence in opinions and it therefore constituted a working group to continue discussions. In January 2010, the working group submitted a report that recommended introducing the general concept of fair use. As a result, the sub-committee came to a general agreement to restart discussions to introduce the general concept of fair use for limited purposes. Parody use was clearly excluded from the discussion. On May 27 2010, the sub-committee published an interim report that recommended introducing the general concept of fair use. The report suggests the following uses of copyrighted works will be included in the general concept of fair use: