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Australia: MicroMedical Industries has been granted a second US patent for technology relating to a blood pump used in its artificial hearts. The patent brings the company one step closer to conducting human clinical trials of the artificial heart.

Throughout the emerging markets, software piracy remains one of the biggest problems. The Business Software Alliance is at the forefront of tackling it. Two members reveal their experience to MIP

According to the Romanian Trade Mark Law no 84, art 23 and the Regulation for implementing the Law, rule 19, within three months of the date of publication of a trade mark, the owner of an earlier mark or of a well-known mark, the holder of an earlier right in a likeness or surname, a protected geographical indication or a protected industrial design or any other concerned person, may file an opposition to a published mark with the State Office for Inventions and Trade Marks.

The issue of groundless threats of infringement under section 77 of the Patents Act was considered in Singapore in Flexon (Pte) Ltd v Bean Innovation Pte Ltd and Tan Mui Teck [2001] SLR 24. Although the case concerned a patent matter, it is relevant for copyright and trade mark cases as the respective acts also contain similar provisions on groundless threats.

The year 2000 saw important progress regarding both the Community Patent and the European Patent Convention. Neil Jenkins reviews the developments and looks forward to further changes

After much debate and a long gestation period, the EU Council of Ministers finally adopted on April 9 the Directive on the harmonisation of certain aspects of copyright and related rights in the information society. At the time of writing, the Directive had not been published in the Official Journal, but this is likely to take place within a few weeks of April 9. Following publication, member states must implement the Directive in national law within 18 months. The intention was that the Copyright Directive should be implemented within a timescale similar to that for the implementation of the E-Commerce Directive, which must be implemented by member states by no later than January 17 2002. The Copyright Directive will have to be implemented by member states by about a year later than that. The Copyright Directive seeks to achieve a number of objectives. These include a degree of harmonization of copyright and related rights laws throughout the Community. The Directive also seeks to introduce protections for technical measures and rights-management information.

Internet and e-commerce allow an entrepreneur to develop sales schemes of its products and services with a never previously imagined territorial scope and extension. Direct selling is both attractive and advantageous. E-commerce requires in some cases, therefore, the adjustment and of course, the amendment of some clauses of commercial inter-mediation contracts, either distribution, agency, licence, supply or franchise contracts.

There is in every contract of employment an implied term to maintain confidentiality of information and trade secrets belonging to the employer. This duty stems from the notion of faithful service or fidelity owed both during employment and after that employment has terminated. The duty imposed by the contract of employment during the term of employment on an employee is not to put his or her interests in conflict with those of the employer.

Ralph Cunningham, Hong Kong

In the first case over a .jp domain name, the Toyama District Court has ordered a website to be shut down for infringing a famous name. John A Tessensohn examines the decision