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  • A recent case at the Delhi High Court has dealt with the overlap between copyright and design protection and its application to the fashion industry in India. The questions addressed by the case were, firstly, whether drawings or sketches are artistic works and, secondly, whether the object or commercial intention be tested while applying Section 15 of the Copyright Act 1957, which bars copyright protection in drawings which are repeated more than fifty times.
  • Section 33(3) of the Several Rules on Evidence in Civil Proceedings states that parties to a normal trial proceeding have not less than 30 days to file evidence. However, due to new circumstances as well as different understanding of the courts, on December 11 2008 the Supreme Court issued the Supreme Court Interpretation on the Application of Regulation on Evidence in Civil Proceedings, providing further explanations on time periods in filing evidence.
  • In a recent decision (T 1790/06-3.3.08), a Technical Board of Appeal (TBA) of the European Patent Office (EPO) has revoked a patent that was thought to be of fundamental importance in the highly competitive field of RNA interference (RNAi).
  • Elisa Cooper advises brand owners to maximise the potential of a domain name portfolio in an economic downturn
  • The Netherlands and Belgium have well-established systems for IP enforcement. And, explain Armand Killan and Jean-Christophe Troussel of Bird & Bird, they have been enhanced by the implementation of the IP Enforcement Directive
  • The Netherlands Patent Office has pioneered the concept of non-examined patents. James Nurton spoke to its president, Guus Broesterhuizen, about SMEs, reform in Europe and the proposals for a Community patent
  • Following the Federal Circuit's decision in In re Bilski (Fed Cir 2008), when a method claim is not tied to a particular machine or apparatus and does not transform a particular article into a different state or thing, the patent claim will be held invalid for failing to meet the so-called machine-or-transformation test for determining patent eligible subject matter under § 101 of the US Patent Act. When the Court reaffirmed this test, it prompted commentators to wonder whether many existing business method patents might be invalid. The impact of Bilski on the future of business-method patents is a subject of much concern among the intellectual property community. However, pharmaceutical method patents claiming an abstract mental process about a natural phenomenon may also be at risk.