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  • Recent endeavours such as the Human Genome Project have profoundly increased what we know about DNA, the blueprint for life. These efforts provide vast amounts of information regarding the genomes, or complete genetic sequences, of humans and other species. For example, genes are now understood to constitute only a small portion of the human genome, while the remaining portion is the subject of intense research. Much remains unknown about where genes begin and end, what they do and how they do it. DNA research remains robust and routinely yields new synthetic DNAs and purified naturally occurring DNAs. Patents remain vital to protecting these new DNA inventions.
  • In order to bring the relevant stipulations in the Patent Act into agreement with the Acts Regulating Approval of Pharmaceuticals and Pesticide Products in a clearer manner, the Taiwan Intellectual Property Office has published a new guide for applicants filing patent term extensions in accordance with Article 52 of the current Patent Law. This article stipulates that where the practice of an invention patent relating to pharmaceutical or pesticide composition or its manufacturing method is subject to regulatory approval pursuant to other laws and where it takes more than two years after the publication of the patent application to acquire such approval, the patent owner may apply for an extension of the patent term for a period of two to five years within three months from the date of issuance of the first certificate of regulatory approval.
  • As part of their effort to create a commercial impression linking their brand with the qualities or reputation commonly associated with a particular city or country, companies often attempt to use the desired geographic location as part of their brand name. However, when a trade mark consists of a term that has geographic significance but the products offered under the mark do not originate from such geographic location, the mark may not be eligible for registration in the United States and therefore not entitled to the protections afforded by a US Certificate of Registration.
  • The rules governing the activities of patent attorneys in Poland are regulated by the Polish Law on Patent Attorneys of April 11 2001 (Journal of Laws Number 49, item 509, with subsequent amendments). On the basis of Article 4, section 1, the profession of a patent attorney is to provide assistance in industrial property matters for private individuals, legal persons and entities without legal status:
  • A recently published assistant commissioner's decision has confirmed that a registered design in New Zealand may include only a single view, or minimal views, of the article to which the design is to be applied.
  • The recent Australian High Court case of Northern Territory v Collins [2008] HCA 49 highlights the problems of the Australian contributory infringement legislation. The legislation was originally introduced in an attempt to align Australia's patent laws with those of the United States and other major countries. However, the convoluted operation of the legislation has left it doubtful that it applies to method patents per se.
  • • Ban Ki Moon praises WIPO UN secretary general Ban Ki Moon heralded WIPO's role in meeting several challenges, including climate change and the Millennium Development Goals, during his first visit to the organisation's Geneva headquarters last month. Meanwhile, WIPO director general Francis Gurry stated the need for WIPO to collaborate with other UN organisations on issues including sustainable development, access to health care and preserving biodiversity. WIPO is currently advertising for the new post of director of global challenges.
  • Biggest patent offices in work-sharing drive The world's five largest patent offices have revealed a plan to cut patent pendency by increasing work sharing. Jung-Sik Koh, head of the Korean IP Office (KIPO) chaired a meeting held in Jeju, Korea from October 27 to 28. It was attended by the heads of the EPO, JPO, SIPO and USPTO. A vision statement published after the meeting says that the offices aim to: eliminate unnecessary duplication of work among the offices; enhance patent examination efficiency and quality; and guarantee of the stability of international patent rights. To reduce the problem of redundant search and examination work increasing pendency, each of the five offices has committed to lead two foundation projects. These aim to increase harmonisation and enable greater work sharing and are distributed around the offices. The only deadline contained in the statement is that the offices will exchange "detailed proposals" on each project identifying areas of agreement and details of implementation by the end of April next year.
  • Effective supervision and management is crucial for any successful IP owner. Managing IP's third annual software survey analyses which tools will work best for you
  • Duck-Soon Chang of Yoon Yang Kim Shin & Yu outlines various strategic options for patent right enforcement