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  • Noel Courage of Bereskin & Parr explains how to adapt claims to Canadian style to make for a shorter trip through the Patent Office
  • It has been announced from Nigeria that service mark protection is now available, by virtue of a Ministerial order. Indeed, the Registrar is receiving and processing service mark applications.
  • Generic drug makers have been given more room to move in Australia's changing legal landscape. Patrick Dwyer and Jacinta Flattery-O'Brien of Shelston IP provide a tour
  • A new system linking the health and patent authorities makes it possible to challenge pharmaceutical marketing authorizations. Alejandro Luna and Juan Luis Serrano of Olivares & Cía share their experiences with the new system
  • Lipitor sales in Australia exceeded A$550m in the financial year 2005/06. The ongoing global patent litigation over this blockbuster cholesterol-lowering drug has resulted in an important development in Australian patent jurisprudence.
  • Litigation and dispute resolution can be a costly and time-consuming business. Clients looking for reassurance from their legal advisers would often like those advisors to "put their money where their mouth is" and shoulder at least some of the financial risks of the legal action by working under a so-called no win – no fee payment arrangement. However, such arrangements are not as simple as their name suggests and those considering such arrangements would be wise to remember that "if it looks too good to be true, it probably is". For example, a losing party will generally be required by the court to meet the costs of the other side. Such costs would not be affected by a no win – no fee arrangement. Accordingly, no win would nevertheless still result in a significant financial outlay for the losing party, even if they did not have to pay their advisor' fees.
  • The US Supreme Court decision in MedImmune gave licensees the right to challenge a licensed patent while continuing to pay royalties. But those patent owners that are responding to the new challenge by redrafting their licences must pay close attention to EU competition rules, say Sangeeta Puran and David Fyfield
  • China has long been criticized for failing to enforce IP rights. Now, after years of thinly veiled threats, the US has taken the matter to the WTO. Peter Ollier considers what may happen next, and how the row will affect IP owners
  • Some US courts have embraced the aesthetic functionality doctrine to the detriment of trade mark owners. But recent court decisions limiting the applicability of the doctrine should provide some comfort to trade mark owners. Tywanda Lord considers the latest legal developments
  • The US has, until now, been the preferred habitat of the patent troll. But assertive licensing companies are becoming increasingly aware of how they can use Europe's fragmented system of patent rules to their negotiating advantage, explain William Cook and Dafydd Bevan