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As a result of the enactment of the Free Trade Agreement between Peru and the US on January 15, 2009, Legislative Decree No 1075, which approves complementary dispositions to Decision 486 of the Andean Community, also came into force.

Very recently (February 11 2009), the infringement court of The Hague issued its decision in Novartis v Johnson & Johnson (J&J) on the infringement of European patent EP 0 819 258 owned by Novartis. Some remarkable issues have been decided in this case.

The Mexican IP authorities have implemented new procedures for renewing trade mark applications that have been pending for ten years.

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).

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

What is the ideal way to resolve a dispute? For IP owners, the answers may vary, but words that often come up include: quick, non-disclosed, amicable and cost-effective.

In principle, a case record (including briefs and evidence submitted by either party) of a Japanese court is publicly available. However, upon request from a party alleging that the record contains a trade secret, a court may issue: an order to restrict third party inspection of a case record and/or an order to require the addressee, such as counsels and employees of the other party, to maintain confidentiality. Recently, the IP High Court and the Supreme Court decided on the issues relating to these orders.

Australia