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  • Tony Samuel, in the third of three articles on intellectual property value issues, considers some of the questions arising from the enormous growth in the worth of media and sponsorship rights in sport
  • Patent infringement litigation involves a large number of uncertainties. Alexander I Poltorak and Paul J Lerner reveal how to calculate the risk involved
  • Johannes Ahme A new cost law is under preparation which, besides introducing the conversion to the euro, integrates the regulations regarding all costs and fees of the German Patent and Trade Mark Office and the Federal Patent Court into a single cost act. Thus, essentially all the rules regarding payment of fees are removed from the patent act, trade mark act, utility model act, design model act etc and integrated into a single common cost act. The basic rule of this new cost act is that fees for an application, a request, an opposition, or an appeal become due at the moment they are filed. The Patent Office or Federal Patent Court will start to work on the particular application, request etc only once the fees have been paid. If the fees are not paid within three months after becoming due, the application, request etc is deemed to be withdrawn. The particular fees and their amounts are listed in an attachment to the cost act.
  • The European Court of Justice has rejected The Netherlands' bid to annul the directive instructing member states to provide patent protection for biotechnological inventions.
  • As the first patent decisions under the 1994 Patent Act are made, Ella Cheong & G Mirandah in Singapore review the approaches the Courts are taking
  • BRAZIL: Merck slashed prices of two AIDS drugs, just days after threatening to take Brazil's state-owned pharmaceutical firm Far-Manguinhos to court for violating the patent on an AIDS drug. Brazil has agreed to halt its plans to challenge the patent. CHINA: Cable TV, the sole provider of pay-TV programmes in China, is urging the Chinese government to outlaw the possession of unauthorized decoders openly on sale in Shenzhen. The Broadcasting Ordinance forbids the manufacture and sale of decoders but does not forbid unauthorized viewing. CHINA: Philips Electronics is to invest $1 in a new assembly and test plant in China. CHINA: A senior manager of the Unilever group is in custody after being accused of helping a local firm to produce fake Unilever products. CHINA: The government is to pass legislation to extend copyright protection to cover the internet, and bring its legislation in to line with developed countries. CHINA: People in Hebei in China will be rewarded up to 10% of the amount of the fines imposed if they report the production or sale of fake or inferior goods to anti-counterfeiting departments. CZECH REPUBLIC: Czech brewer Budejovicky Budvar, which has a long-running trade mark dispute with Anheuser-Busch, has relinquished rights to the Budweiser name in the US. Budvar will adopt Czechvar as the brand name for its product in the American beer market. JAPAN: The first dispute over internet domain names in an Asian alphabet has ruled in favour of Japanese Pharmaceutical company Sankyo. WIPO ordered the immediate transfer of the two-character Japanese name which corresponds to sankyo.com. SWEDEN: From May 7, Skriptor, changs its name to Compu-Mark Nordic for its trade mark searching activities but will function under the Skriptor name for its name creation activities. UK: Three people were convicted for their part in a multi-million pound software counterfeit scam to defraud Microsoft. The fraudsters received jail sentences of 10 years. US: Abbott Laboratories plans to sell its two AIDS drugs at no profit in sub-Saharan Africa. The drugs will be sold for less than $1000 each. In the US they sell for $7,100. US: EMI and Bertelsmann joined together to launch a new subscription-based music service on the web called MusicNet. RealNetworks is bringing its internet media technology into the partnership. MusicNet will be available later this year. The companies will license the platform to companies wanting to sell music subscription services on the web including Napster. US: Mylan Laboratories and Watson Pharmaceuticals received approval from US regulators to market generic forms of the drug BuSpar, ending a four-month patent dispute with Bristol-Myers Squibb. US: Versign will keep the right to register dot-com names until 2007. It will give up control of dot-org after 2002 and submit dot-net for re-bidding in early 2006. The changes still need to be agreed by the US Commerce Department. US: Embattled song-swap company Napster has licensed revolutionary digital fingerprinting technology to help it filter out copyrighted songs from its service to comply with a federal court order. US: Federal antitrust enforcers are preparing civil charges against Schering-Plough and generic companies Upsher-Smith of Minneapolis, and the Lederle unit of American Home Products. Charges allege patent settlements between the companies including illegal payments of $90 million to delay a low-cost generic drug from reaching the market.
  • Jane Mutimear, Bird & Bird, London, Vice president of the Intellectual Property Constituency of ICANN
  • A recent EPO decision has challenged the conventional exclusion on double patenting. Neil Thomson asks where the decision leaves EPO practice, and what impact it will have on proceedings in the UK
  • A long-awaited and far-reaching new Civil Procedure Act came into force in Spain on January 8 2001, which will have a profound effect on all civil proceedings, including IP actions. Gonzalo Ulloa and Ralph Smith reveal the main changes