Search results for

Readers of this column will recall that we published an article last year indicating that the French government was studying a proposed revision of the 'Lois sur la bioéthique'. The draft bill contained an article 12bis, which unambiguously indicated that "the sequence or partial sequence of a gene is not patentable". If adopted, the French law would have been in complete contradiction with the EU Biotechnology Directive (Directive 44/98/CE).

A local farmer's appeal to Canada's Supreme Court in a case involving agribusiness leader Monsanto could set the limits of patent holders' rights. Sam Mamudi examines the dispute

Intel Corporation and VIA Technologies have settled a series of pending patent lawsuits relating to chipsets and microprocessors.

Trade marks that include a design may suffer variations during the time they are used. This occurs due to modernization imposed by fashion. Not even well-known marks are exempt from periodical updating, even when their essential characteristics stay the same.

Section 10 of the German Patent Act defines the constituent elements of contributory infringement as follows: a patent has apart from prohibiting direct infringement the further effect that a person not having the consent of the patentee shall be prohibited from supplying or offering to supply within the territory to which the Act applies a person, other than a person entitled to exploit the patented invention, with means relating to an essential element of such invention for exploiting the invention, where such person knows or it is obvious from the circumstances, that such means are suitable and intended for exploiting the invention. This does not apply when the means are staple commercial products, except where such person induces the person supplied to commit acts of direct infringement.

Ralph Cunningham, Hong Kong

The new Intellectual Property Bill, which was presented to Parliament in June 2003, was challenged in the Supreme Court in SC Case No 14/2003. The applications were filed by the Centre for Policy Alternatives and, in Case No SC 16 of 2003, by Dr Kamalika Abeyratne, chairperson of AIDS Coalition in Sri Lanka, and Nihal Fernando. The matter came up before the Supreme Court consisting of the Chief Justice Sarath N Silva and Justices Shirani Bandaranayake and J A N de Silva.

Singapore is the latest state to adapt its copyright law to improve protection for digital works.

In March, a Chinese arbitration body rejected Google's claim to have google.com.cn transferred to it from a local company. The panel of arbitrators failed to take into account issues such as the international conventions China is party to before coming to their verdict, argue Jerry Y Zhang and Xu Chang Rong

What are the risks for licensees when a licensor becomes insolvent? Hamid Rashidmanesh, David Naylor and Adam A Lewis compare procedures under US and English law, and provide some tips on how to minimize risk