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  • Pending before the Philippine Congress and certified as urgent by President Gloria Macapagal Arroyo are two bills or proposed laws: House Bill No. 6035 and Senate Bill No. 2263. Both have the objective of providing cheaper medicines, and are expected to be approved in the coming session of the Congress in June 2007. One common subject matter tackled in these bills is the amendment of Section 74 of the Intellectual Property Code (IP Code, RA 8293) referring to compulsory licensing of a patented invention by the government. Under RA 8293, the use by the government or a third person authorized by the government may be done without the agreement of the patent owner in two instances. First, if there is a public interest requirement, or secondly, if a judicial or administrative body has determined that the exploitation by the patent owner is anti-competitive, but subject to compulsory licensing. The terms and conditions of the licence are determined by the Bureau of Legal Affairs of the Intellectual Property Office in an action for compulsory licensing.
  • The Polish Parliament has been given a proposal of changes to the Law on Industrial Property (the IP Act). The proposed changes cover several aspects of industrial property protection in Poland, including the protection of trade marks under criminal law. If the proposed changes are implemented, they should have a significant impact on criminal case law.
  • For the first time in history, the Vatican is working on a law on copyright aimed at protecting the writings, words and images of the Pope, on which there is a real risk of manipulation and speculation.
  • The Malaysian Patents Act 1983 and Patents Regulations 1986 have recently been subjected to several amendments in view of developments in the nation's patent scene.
  • In a recent High Court case (Unilever plc v Controller of Patents, Designs and Trade Marks and Sunrider Corporation [2006] IEHC 427), Unilever successfully appealed against the decision of the Irish Controller of Patents, Designs and Trade Marks who had dismissed its opposition to the registration of the trade mark SunSmile by Sunrider. Irish law states that a trade mark cannot be registered in circumstances where it is likely to deceive or cause confusion. In his High Court judgment, Mr Justice Smyth examined the degree of similarity and the potential for confusion between the words "Sun" and "SunSmile" in respect of detergents and goods for personal hygiene.
  • As Korean industry has rapidly grown, obtaining IP protection has become increasingly important. There have been more patent disputes, and accordingly the costs involved have risen. As a result, industry is now realizing how important it is to resolve disputes as quickly as possible.
  • In the UK, the compensation to which a successful claimant is entitled in respect of either patent or unregistered design right infringement may take the form of either damages or an account of the other party's profits (Patents Act 1977, Section 61 (1) (c), (d); Copyright, Designs & Patents Act 1988, Section 229 (2)).
  • MIP is producing an extensive survey of in-house IP counsel in the US, to be published in June this year. James Nurton provides a preview of the findings so far
  • Record numbers of trade mark and patent applications were filed in China in 2006, reflecting the growing awareness of IP in the country. But the growth is also putting increasing pressure on the agencies that administer IP rights, say Xuemin Chen and Xiaoguang Yang of Zhongzi Law Office
  • Thomas Pattloch was appointed to the newly-created post of intellectual property officer in the EU Delegation in Beijing in April 2006. One year on, he talked to Emma Barraclough about the biggest challenges facing foreign IP owners in China