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In the first decision, the Austrian Supreme Patent and Trade Mark Senate (ASPTS) has found that in a declaratory action concerning the non-infringement of a patent the existing right (patent) as defined in the register shall form the basis of the proceedings. Thus, only the subject matter in dispute shall be compared with the subject matter of the patent. However, the validity of the claims of the patent on which the action is based shall not be the object of these declaratory proceedings.

Magali Touroude of Cabinet Plasseraud reveals a revolution in French IP legislation

On January 2 2008, a Decree was published in the Official Gazette in Mexico modifying several provisions of the Regulations for Health Consumables of the Health Law, concerning important issues for the pharmaceutical industry.

As reported last month, the Italian Patent Office (PTO) had begun discussions with the European Patent Office (EPO) to define an agreement under which Italian patent applications would be searched by the EPO with respect to novelty and inventive step.

After years of public discussion and position papers, the Knesset – Israel's parliament – recently enacted the Copyright Act, 2007 (New Law), which will come into effect in May 2008. The New Law replaces the Copyright Act of 1911 that was passed by the British Parliament and made applicable to pre-state Israel during the British Mandate, as well as most of the provisions of the 1924 Copyright Ordinance (Old Law).

Act 221/2006 Coll on the enforcement of industrial property rights transposed Directive 2004/48/EC of the European Parliament and Council on the enforcement of IP rights. This unified the scope of the rights possessed by owners with respect to the individual types of intellectual property when they are infringed, as well as potential remedies. The sanctions for any IP infringement (regarding trade marks, patents, topographies of semiconductor products, utility models, industrial designs, appellations of origin and geographic designations) and the type of remedy are no longer incorporated in the statutes regulating their creation, extent, duration and expiry, but are to be found in one single Act.

In a recent decision (Carvedilol II; X ZR 236/01), the German Federal Supreme Court (BGH) has ruled on the validity of a second medical use claim comprising a dosage regimen for the beta-blocker carvedilol, the claim reading: "Use of carvedilol for the manufacture of a medicament ..., wherein the medicament is administered in an initial dose of 3.125 mg ... per day over a time period of 7 to 28 days, followed by dosage increases ...."

Franck Soutoul and Jean-Philippe Bresson of Inlex analyze differences between EU and French trade mark practice, and discuss the particular problems that Google poses

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On December 18 2007, the Regional Trial Court of Quezon City (RTC) under presiding Judge Reynaldo Daway found Avida Land Corporation (Avida) guilty of patent infringement and ordered it to pay inventor Edgardo Vasquez and his company Vasquez Building Systems Corporation (VBSC), P96.5 million ($2.37 million) in temperate, moral, exemplary damages and attorney's fees.