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Sectors of the software industry have voiced their concerns over the patent-eligibility of software as part of the review process of the Patents Bill, claiming that patents for software stifle rather than promote innovation. This was previously reviewed back in 2005 and the conclusion then was that there was no reason to treat software differently to other technologies. However, it now appears that there will be some review and possible restriction on the patent-eligibility of software, although nothing has been officially released as yet.

Luis Schmidt of Olivares & Cia provides an overview of the global struggle between copyright and traditional knowledge

Since its creation in 2005, Japan's IP High Court has been viewed and often criticised as being quite harsh with patent holders because the rate of invalidation of patents in patent infringement cases by the court has been quite high. It is unclear whether the court is responding to such criticism, but at least one of its four divisions has begun rendering multiple opinions that almost appear to emulate the tests for determining inventive step in the European Patent Office (EPO) examination guidelines, and which also resemble at least part of the CAFC's former (pre-KSR) teaching-suggestion-motivation (TSM) test on obviousness in the US.

Bayer Corporation's petition to the High Court of Delhi to enforce patent linkage in India was dismissed with costs fixed at a deterrent amount. The respondents to the petition included the Drug Controller General of India (DCGI), and generic drug maker CIPLA.

A US court has rewritten the standard for determining whether a trade mark applicant has committed fraud before the USPTO

IP lawyers want to guard their client's assets. Knowledge managers want to share company know-how to boost efficiency. Stephen Manton explains how to do both

The Australian courts have continued to restrict the ability of applicants to obtain shape trade marks. In the latest case of Chocolaterie Guylian NV v Registrar of Trade Marks [2009] FCA 891, the Federal Court has agreed with the Registrar's refusal to register Guylian's well-used shape of a seahorse despite substantial use and high levels of consumer recognition.

Software developers in my company are increasingly using open source software. What are the main IP issues we need to consider when using open source software and are there any risks involved?

In-house counsel gathered in Hong Kong last month to share tips on outsourcing, enforcing their rights in Asia and strategies for dealing with the recession

Buying the rights to name a venue offers IP owners a publicity-winning opportunity. But such deals can be complex. James D Weinberger provides a guide