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

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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.

While companies are making tough decisions about where to cut budgets in a sagging economy, José Luis Ramos Zurita of Uhthoff Gomez Vega & Uhthoff explains why enforcing IP rights is one area in which they should continue to invest

Victor Garrido of Dumont Bergman Bider & Co considers the complexities surrounding patent applications for computer programs and business methods in Mexico, and offers advice for successfully navigating IMPI's restrictions on such inventions

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

The legal regulations of advertising in Mexico are not as developed as in other countries, which in practice provide infringers with more elements to construe their defences against eventual challenges from competitors and/or consumers.

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.

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.

On May 24 1999 a Greek entity filed an application for a trade mark consisting of an image of Napoleon in uniform, having one hand inside his jacket, his other hand holding a roll of toilet paper, with the word Napoleon below. The trade mark was filed to cover toilet paper and other paper articles for household purposes.