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Joo Young Moon and Nayoung Kim of Kim & Chang outline some post-amendment protection issues and recent case law

Yali Shao of Liu Shen & Associates outlines the procedures for and implications of the recent possibility of patenting software applications that exist to modify exisiting computer programs

• Bristol-Myers Squibb has agreed to pay $710 million for the development of a blood cancer experimental drug made by PDL BioPharma Inc. BMS will make an upfront payment of $30 million for Elotuzuma.

In Common Services Agency v Scottish Information Commissioner, the House of Lords has ruled on the extent to which anonymised information about individuals constitutes "personal data" for the purposes of the Data Protection Act 1998. The decision makes clear that, in keeping with the EU Directive from which the UK's data protection legislation is derived, disclosure of fully anonymised personal information does not amount to processing of personal data which must be carried out in accordance with the data protection principles.

As discussed in Managing IP's March edition, it was becoming increasingly unclear whether method of diagnosis claims were allowable in New Zealand. However, Biosite Incorporated, a recently released decision of the Commissioner of Patents [P31/2007], may assist in clarifying practice in New Zealand.

Governments should consider setting up bodies to reduce the barriers for SMEs entering the patenting process and improve the quality of applications, argues Rafaël Kiebooms

Peter Ollier, Hong Kong

In a preliminary injunction proceeding between Hilti AG and Milwaukee Corp, Hilti alleged that its Austrian mark for the colour red (RAL 3020) for "cases for hammer drills" and its three-dimensional Community trade mark for a red case for the same goods were infringed. The colour mark and the three-dimensional mark were registered following the filing of proof that the interested circles recognised the marks as an indication of origin (secondary meaning). Milwaukee sells sets of tools, including hammer drills, in red cases.

Three recent Canadian Federal Court and Federal Court of Appeal decisions make reference to fundamentals of the patent system and all involve questions of validity of claims that are directed to either (i) a specific form of a known chemical molecule having distinct biological properties (so-called enantiomers, mirror images of the same molecule where each enantiomer can have significantly different biological activity); or (ii) a particular medical use of a known chemical compound [Janssen-Ortho v Novopharm (2007), Pfizer v Ranbaxy (2008); and Eli Lilly v Apotex (2008)].

Keith Callinan and James Cleeve of Marks & Clerk outline how to ensure that your patent filing strategies in Asia comply with the law