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  • With the growth of the biotech industry and the maturing of the first breakthrough inventions, litigation over patents is becoming more frequent and spreading around the world. MIP has selected five important cases from the US, Australia, France and Germany that highlight some of the issues that have arisen in the past year. Emma Barraclough, James Nurton and Peter Ollier look at how the cases developed, and why they are significant for the industry
  • A trade description order can be a useful enforcement tool. But Kherk Ying Chew and Sri Sarguna Raj of Wong & Partners warn that it is a double-edged sword
  • The EU has been working with Malaysia to boost IP protection and to encourage countries in the region to share best practices. Niclas Morey, director of the EC-ASEAN Intellectual Property Rights Co-operation Programme, ECAP II, explains more
  • In my briefing last month, I explained that US patent litigation is governed by the American Rule pursuant to which the prevailing party is not automatically allowed to recover its attorney fees. Rule 54(d) of the Federal Rules of Civil Procedure, however, states that "costs other than attorneys fees shall be allowed as of course to the prevailing party unless the court otherwise directs". The US Supreme Court has explained that Rule 54 does not provide "unrestrained discretion to tax costs to reimburse a winning litigant for every expense he has seen fit to incur in the conduct of his case" (Farmer v Arbian Am Oil Co, 379 US 227, 235 (1964)). Rather, federal courts are bound by 28 USC Section 1920, which expressly lists the kinds of expenses that a federal court may tax as costs, and the courts have stated that Section 1920 thereby imposes "rigid controls" on cost-shifting in federal courts ((Crawford Fitting Co v J T Gibbons, Inc, 482 US 437, 444 (1987)).
  • Malaysia's Multimedia Super Corridor has been a great success in attracting both international companies and high-tech start-ups. James Nurton asked Laura Ho of the Multimedia Development Corporation what is being done to promote IP awareness
  • Is it possible to patent biotech and pharmaceutical inventions globally using just one specification? John T Callahan and Ken Sakurabayashi of Sughrue Mion PLLC examine practice in the US, Japan and Europe and suggest some considerations in drafting
  • Sharmila Sekarajasekaran of the Recording Industry Association of Malaysia explains how music companies have made use of landlord liability rules to make life far harder for music pirates
  • Karen Abraham of Shearn Delamore & Co outlines Malaysia's ew approach to sniffing out piracy and combating counterfeiting
  • Timothy Siaw of Shearn Delamore & Co looks at how Malaysia intends to establish itself as a global leader in biotechnology
  • Malaysia's efforts to improve IP protection will give it an edge in Asia's knowledge-based industries. By Jern Ern Chuah and Mae Lin Ng of Advanz Fidelis