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  • The jury trial is one of the most challenging aspects of the US patent system for overseas users. James W Gould reveals the key issues litigants need to address when choosing between jury and bench trials
  • Parallel importers, for so long the bugbear of companies operating within Europe, suffered a significant setback last month when a decision against the drugs company Bayer was overturned.
  • On October 1 2000 two new Acts entered into force connected with industrial property rights. They concern biotechnological inventions and industrial designs. As both of them are important, the following is a brief summary of them.
  • So far the German practice as to patentability of computer program-related inventions has been rather strict, in particular with regard to the requirement of a technical character which was denied for most program-related inventions unless there was an interaction between the programmed method or computer with an external technical means. By two recent decisions, however, the Federal Supreme Court considerably extended the area in which program-related inventions will be considered as patentable technical inventions.
  • The system of protection of geographical indications which is being introduced in Poland (the respective provisions of the Industrial Property Law will come into force in the first half of 2001) provides for full respect of rights deriving from earlier trade mark registrations.
  • Richard Taylor examines the European Commission's proposals for a Community patent, and offers predictions as to what the future holds for patenting and IP regulation in Europe
  • On July 28 2000, the Singapore Court of Appeal delivered its first patent infringement judgment under the new Singapore Patents Act, dismissing an appeal by Merck & Co Inc (Merck) to inter alia reinstate some of the product claims in its patent for a purer form of a known substance, Lovastatin (Merck & Co Inc v Pharmaforte Singapore Pte Ltd (Civil Appeal No 9 of 2000)). The Lovastatin covered by Merck´ s patent contained less than 0.2% dimeric impurity.
  • The Finnish Patent Law was amended on 15 July 2000. The law specifies the principles of patentability, definition of the invention and the scope of the patent in accordance with the EU biotechnology directive. Principally the Finnish patent practice has been in accordance with the directive for some time.
  • The doctrine of contributory infringement was first introduced into Australian patent statute by the Patents Act 1990. Section 117 of the Act provides: