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As reported in the March 2007 issue, in our opinion Austria has not fully implemented Article 10 of the EU Enforcement Directive. In particular, Austrian law does not provide for a measure to recall infringing goods from the channels of commerce. When implementing the Enforcement Directive to Austrian national law, the legislator considered that corresponding corrective measures already existed in the Austrian IP Acts as – with respect to patents – Article 148 of the Austrian Patents Act generally provides for that the infringer has to eliminate the unlawful situation.

US judge Randall Rader says those who argue that the patent system no longer works have an "outdated" understanding of the system

Starbucks is opening a series of individually branded neighbourhood cafes that barely reference the internationally famous Starbucks brand. Jennifer Miremadi assesses the IP implications

Anuradha Salhotra looks at how a recent court decision in India could end the trend towards aggressive comparative advertising

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

Enrique Díaz and Satoshi Yoshiki of Goodrich Riquelme Asociados advise trade mark owners to consider the ups and downs of claiming first use in Mexico

Adolfo Athié of Basham, Ringe y Correa says that the law must perceive IP differently in order to encourage innovation and economic growth

The Federal Circuit recently injected some clarity into a key principle of patent damages known as the entire market value rule (EMVR). The EMVR allows a winning patentee to collect damages based on sales of unpatented technology if it is sold with patented technology, such as a patented muffler in an otherwise un-patented car. Applying EMVR, the market value of the entire car would be used as a starting point to calculate the appropriate value of the patented muffler. The EMVR can also be used to establish the value of a patented product, like a razor, if it leads to sales of additional, unpatented follow-on products, like razorblades.

Rosalía Bautista of Becerril, Coca & Becerril explores the difficulties of filing voluntary amendments to patent applications under the law

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.