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The UK High Court has made its first declaration of non-essentiality (DONE) in a patent dispute between two telecoms companies

The lack of IP protection in Africa deters investors, while inventors in the continent barely register internationally. But, asks James Nurton, is that about to change?

This month Managing IP reveals the results of part one of the world's most detailed and authoritative survey of the IP market. Following five months' research, in this issue we list the leading firms in patent prosecution and contentious work in 65 jurisdictions

In our June, 2007 briefing, we explained that patent trials are almost always open to the public. Of course, trials are the culmination of many months, sometimes years, of pre-trial discovery, including the production of documents containing confidential information and the deposition of witnesses. While it's generally known that such pre-trial discovery is not open to the public, a question often asked, particularly by non-US entities involved in US litigation, is whether the opposing in-house counsel will have access to the confidential documents produced and deposition testimony given in the litigation.

The German Federal Supreme Court (BGH) recently issued a decision (X ZR 60/06) that makes it clear that the patent owner's right to choose the best method of calculating damages in an infringement suit ends when a first relevant court decision comes into force. This is true even if the patent owner has exercised his right to choose before the court decision comes into force. The BGH stated that, at a specific time, the infringer has to know the extent of the liability. The infringer has to be able to plan for the future and has to be able to calculate the amount of reserves to be set aside.

Pursuant to the amendments of the IP laws, which came into effect in Croatia on July 21 2007, an independent Appeal Board was established.

In August 2007, the Chinese Trade Mark Office (CTMO) circulated its draft changes to the Trade Mark Law for comments. According to this draft, there will be substantial changes to the current law, including the following proposals to expedite application and registration procedures:

DR-CAFTA has brought about important changes in Honduran IP law. Decree 16-2006 which contains the Law of Application of the Free Trade Treaty (DR-CAFTA) states the Law's objective of protecting, promoting and strengthening the legal security for the different categories of IP rights contained in the legal instruments.

On the occasion of our last article of the year 2007, we thought it might be useful to compare past and present.

After the widely reported Häupl v Lidl case at the European Court of Justice (ECJ C–246/05), concerning the starting date of the five-year period in which to start use of international marks and about the validity of reasons for the excuse of non-use, we have now achieved a further referral to the ECJ by the Austrian Supreme Patent and Trade Mark Senate, the court of last instance in cancellation proceedings, in the case Silberquelle v Maselli over the trade mark WELLNESS for non–alcoholic beverages.