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  • Software is invading every field of business, including telecommunications, industrial equipment, cars and audio-video media The development of new products results in the integration of computer programs that correspond to features, some of them widespread and others more original.
  • The Croatian Academic and Research Network (CARNet), which administers top-level .hr domains, has introduced a new draft entitled Regulations Regarding the Organization of Top-Level "hr" Internet Domains and the Principles of Managing the Top-Level "hr" Domain. The new Draft will replace existing Regulations when it enters into force on January 1 2007.
  • The Municipal Court in Prague stated in Decision 9Ca 68/2003-36 that use of a trade mark includes not only direct use of a mark through placing on products or packaging, but also indirect use in connection with those products or services, for example on accompanying documents or advertising. In this decision the Municipal Court refused an action against the decision of the President of the Industrial Property Office concerning the cancellation of a trade mark due to non-use.
  • Researchers at universities and polytechnics in Finland have previously had lots of freedom relating to inventions and IP rights. This means that all inventions made by researchers in universities belonged to the researcher himself. This is about to change. A new law, the Right to University Inventions Act, is coming into force on January 1 2007. This Act brings some radical changes into how IP rights matters are handled in Finnish universities.
  • On November 12 2006, the Supreme People's Court of China issued a notice requesting all high courts to submit, for record purposes, all the decisions made by them or lower courts within their respective jurisdictions, in which trade marks have been recognized as well-known. It also requested that in future when the these courts deem a mark to be well-known, the decision be filed with the Supreme People's Court.
  • The prosecution of patent applications in Argentina normally takes from six to 10 years depending on the technical field involved. The Patent Office (INPI) has reacted to this reality by allowing a second fast track.
  • Article 229 of Mexico's Industrial Property Law says:
  • In Merck & Co Inc v Arrow Pharmaceuticals Limited [2006] FCAFC 91, the Full Federal Court considered Merck's patent for a particular treatment regime using bisphosphonates, which were previously known as inhibitors of bone resorption. Merck had found a particular treatment regime that had a markedly reduced probability of deleterious side effects.
  • About two years ago, a Board of Appeal (BoA) of the European Patent Office (EPO) issued a decision in examination appeal on the patentability of a cosmetic treatment method (T383/03). Recently, it appeared that this decision was "not in line with current well-established practice". The decision itself, but also the fate of the patent and its family members, is an interesting learning case of how things may (not) work in Europe.
  • The difficulties likely to be faced by businesses that seek trade mark protection for three-dimensional signs which have a functional feature were revisited in a recent Opinion of Advocate General Leger in the European Court of Justice (ECJ) in Dyson Ltd v Registrar (Case C-321/03).