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In a recent decision (Ionenaustauschverfahren; 3 Ni 48/06 (EU)), the German Federal Patent Court (BPatG) ruled on who has to bear the costs in a nullity suit against a patent that is upheld with restricted claims that were not attacked by the plaintiff.

In our article in September 2006, we commented on a European decision that caused a sensation in Italy because it introduced a ban on the use of the name "Tocai Friulano" for the well-known Italian wine produced in the Friuli region (east of Venice) due to the prior rights of the Hungarian geographical region Tokaj.

On August 26 2008, the IP High Court revoked a JPO decision that rejected a patent application on the basis that it was not directed to a patentable subject matter (an "invention" as defined under Japanese Patent Law), and remanded the case to JPO. The Patent Law defines a statutory invention as "a highly advanced creation of technical ideas utilizing a law of nature." The JPO's examination guidelines provide that if the foundation of a claimed invention rests on a law other than a law of nature (economic principles, for example), arbitrary arrangements (rules for playing a game), or use only those laws (business methods), then these do not qualify as an invention under the Patent Law because they do not use a law of nature.

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

Argentina

The innovative research process plays a fundamental role in the chemical-pharmaceutical and chemical-agricultural industries. Patents and data exclusivity are two of the key mechanisms for legally protecting the results of such research.

Managing IP presents the first part of its annual survey, ranking the leading firms for patent work in 70 jurisdictions

China's new Patent Law was passed by the Standing Committee of the People Congress on December 27 2008 and will become effective on October 1 2009.

An overwhelming 82% of IP practitioners favour the rapid implementation of a European Community patent, according to a poll

Giving out promotional items does not amount to making genuine use of a trade mark in the class covering those items, the ECJ ruled last month