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  • The Patents Bill 2008 was introduced into Parliament on July 9 2008. With an election imminent in November this year, there is some doubt as to the timeframe for enacting the legislation. However, in view of the significant differences that the bill introduces, it is worthwhile briefly summarising the main aspects of the proposed legislation.
  • The success of the high-tech sector in Israel has been driven by many factors, including the vast pool of talented scientists, engineers and researchers, a dynamic venture capital market, a genuine entrepreneurial spirit and advanced academic institutions and their increasingly fruitful collaboration with industry. In addition, the role of the Office of the Chief Scientist (OCS) of the Israeli Ministry of Industry, Trade and Labour and its many programmes, and the effect of the Law for the Encouragement of Industrial Research and Development, 1984, as amended (the Law), the implementation of which the OCS oversees, have also played an important role.
  • The patent attorney profession is still in its infancy in the Philippines. This may be gleaned from the relatively low number of patent applications being filed in the name of local inventors or companies. From information given by the Bureau of Patents (BOP), the number of patent applications, which include inventions, utility models and designs, filed in the Philippines increased by more than 100% compared to 2002. This is, however, due to the increase in patent applications received from foreigners entering the Philippines thru the PCT. The Philippine joined the PCT on August 21 2001, and since 2002, PCT applications received by the BOP have increased steadily. Applications, however, from local companies have remained more or less constant at an average of about 1,200 applications a year. The ratio of foreign patent applications to local has averaged at 70:30, as shown in the table below.
  • China's patent law is undergoing revision for the third time. On August 29 2008, the standing committee of the People's Congress published the draft patent law amendments for public discussion and opinion. The draft makes significant changes to the current law. Some of the more important proposals are set out below.
  • Ghana and the Organisation Africaine de la Propriété Intellectuelle (OAPI) have recently acceded to the Geneva Act of the Hague Agreement, with the result that the Hague Agreement entered into force for both Ghana and OAPI on September 16 2008.
  • Maria Wyckoff Boyce and Steven J Mitby examine the impact of post-hypothetical negotiation events on reasonable royalty patent damages and offer practical tips for litigators and damages experts
  • In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trade mark over the internet or using a website is use of the trade mark.
  • In order to avoid the hijack of its own vintage variety of rice, basmati, by private companies, India is attempting to obtain geographical indication (GI) protection for basmati. GI status would identify it globally as unique for qualities exclusively attributed to the place of its origin and confer legal protection against unauthorized use of the name by other rice producers.
  • Dianne Daley and Nicole Foga of Foga Daley describe a decade of progress for collective management organisations
  • After signing free trade agreements with the US and EU, Chile is set to join the PCT. Jaime Silva and Arturo Covarrubias of Silva & Cia examine the advantages and disadvantages for overseas investors, local industry - and IP law firms