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There is in every contract of employment an implied term to maintain confidentiality of information and trade secrets belonging to the employer. This duty stems from the notion of faithful service or fidelity owed both during employment and after that employment has terminated. The duty imposed by the contract of employment during the term of employment on an employee is not to put his or her interests in conflict with those of the employer.

Throughout the emerging markets, software piracy remains one of the biggest problems. The Business Software Alliance is at the forefront of tackling it. Two members reveal their experience to MIP

The issue of groundless threats of infringement under section 77 of the Patents Act was considered in Singapore in Flexon (Pte) Ltd v Bean Innovation Pte Ltd and Tan Mui Teck [2001] SLR 24. Although the case concerned a patent matter, it is relevant for copyright and trade mark cases as the respective acts also contain similar provisions on groundless threats.

The Federal Patent Court recently acknowledged the principal registrability of a new kind of trade mark, a so-called "positioning mark" (see for instance BPatG 28W (pat) 66/99 Positionierungsmarke). With this new kind of trade mark, signs such as single letters or exclamation marks, which are otherwise considered not to be registrable, may be registered, if the following minimum requirements are fulfilled: The sign appears on a specific part of the product, eg a jeans pocket or the flank of a tennis shoe. It appears always at the same place of said part of the product. It appears in a constant size (absolute or relative to the size of the goods). It exhibits a particular colour contrast with respect to the goods labelled with the positioning mark. Therefore, in an application for a positioning mark the definition of the carrier (the goods onto which the label is affixed), the position of the sign on the carrier as well as its size of must be given. It is further advisable to give a short description of the mark.

Antti Papula and Perja Papula of Nevinpat in Helsinki explain that Russian patent practice differs from that of Europe. This is particularly true for claims relating to chemical and medical compounds

Music Broadcast Pvt, the plaintiff, is a company that has been granted permission by the Indian government to start FM radio stations in various cities. Phonographic Performance Ltd, the defendant, is a collecting society administering the public performance rights of publishers of sound recordings in India. Over the period of a year, Music Broadcast Pvt has invested huge sums of money, and has applied for, and obtained, all the necessary government clearances for commencing private radio broadcasts. The company has also obtained a licence to publicly perform musical works from the Indian Performers Right Society (IPRS), a collecting society which administers the public performance rights of composers and authors in India. The only remaining licence that was required to be obtained to commence the broadcasting of music was a licence from the defendant.

The year 2000 saw important progress regarding both the Community Patent and the European Patent Convention. Neil Jenkins reviews the developments and looks forward to further changes

Pictured are some of the guests at the MIP and Questel Orbit four elements reception at the San Francisco Design Centre during the INTA Conference on May 6. The photos show members of MIP and Questel Orbit as well as representatives of firms receiving awards

Internet and e-commerce allow an entrepreneur to develop sales schemes of its products and services with a never previously imagined territorial scope and extension. Direct selling is both attractive and advantageous. E-commerce requires in some cases, therefore, the adjustment and of course, the amendment of some clauses of commercial inter-mediation contracts, either distribution, agency, licence, supply or franchise contracts.

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