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  • A recent case suggests that the doctrine of equivalents may be broader in the Netherlands than in other European countries. Remco de Ranitz, of Arnold & Siedsma in the Netherlands, explains
  • The Korean Patent Act Article 42 (3) provides that the detailed description of an invention shall state the purpose, construction, and "effect" of the invention in such a manner that it may easily be carried out by a person skilled in the art. Thus, the description of the "effect" of the invention in the specification is mandatory under the Korean Patent Law.
  • Today, the vast majority of national patents pending in the European countries have evolved from patents granted by the European Patent Office. Even if the validity of such a patent has been confirmed in opposition proceedings before the European Patent Office, it can still be attacked in nullity proceedings before the national patent authorities. In national invalidation proceedings, any differences between the European Patent Office and the national authorities with respect to the interpretation of the basic standards for patentability might turn into a trap for the patent owner.
  • The Soribada site (http://www.soribada.com), similar to Napster, connects a plurality of users with each other who log on to the server by the P2P (peer to peer) system to upload and download MP3 (MPEG layer 3) music files.
  • A climax was reached a year ago when China upgraded all her IP laws and joined the WTO. What’s next? An anti-climatic halt of her commitments to IP rights protection, or a persistent continuation of her past efforts? Shirley Kwok, of Vivien Chan & Co, explains
  • The US Court of Appeals for the Federal Circuit has cleared Rambus of allegations that it withheld patent information whilst a member of JEDEC, the standards-setting body for semiconductor technology.
  • Brand owners in the Netherlands can obtain trade marks using the Benelux, European or international systems. Michel Rorai and Frank Bouman of Arnold + Siedsma explain what protection is available
  • Australia has a sophisticated system of trade mark protection. But changes are on the way in 2003, arising out of the recommendations of the Advisory Council on Intellectual Property, warn Trevor Stevens and Michael Wolnizer of Davies Collison Cave
  • Sam Mamudi, New York
  • The South African government has introduced a number of reforms to the Patents Act that will help to clarify the boundaries of IP protection, and make life easier for patentees. James Nurton reports