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  • 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 Korean Intellectual Property Office (KIPO) has decided to introduce a system to refund, in certain cases, the full amount of the submitted application fee and the request for examination fee. This will be available to applicants who decide to cancel or abandon a patent, utility model, design or trade mark application that has already been submitted if, for example, their circumstances change or their application was incorrect.
  • Intellectual property rights owners will welcome recent indications from the Irish Commercial Court, which has specialist expertise in IP matters, that it is fully prepared to get tough with infringers who fail to disclose information in relation to the source of their infringing goods.
  • In a preliminary ruling in a case forwarded to the ECJ by the Austrian Oberster Patent– und Markensenat (OPM) and closely monitored by the Austrian IP community, Advocate–General Damaso Ruiz–Jarabo Colomer delivered his opinion on October 26 2006 (C–246/05 – Häupl v Lidl). If followed by the ECJ, the opinion will have a revolutionary impact on non–use legislation and jurisprudence throughout Europe.
  • The changing nature of software innovation requires a fundamental rethink of the patent system as well as greater collaboration between proponents of open source and proprietary rights, say David Kappos and Ray Strimaitis of IBM
  • Latin America has long been an attractive market in which to do business. But with high levels of counterfeiting and piracy continuing to affect the region, how should IP owners respond? MIP, together with Cavelier Abogados, Obligado & Cia and Olivares & Cia, invited in-house counsel, IP officials and representatives from industry lobby groups to discuss enforcement issues across the continent
  • The Enforcement Directive has changed the way The Netherlands is dealing with legal costs in IP litigation. Willem Leppink of Simmons & Simmons highlights issues for rights owners
  • Caroline Pallard and Dorothea Mayer of Nederlandsch Octrooibureau assess the implications of recent developments in European biotech case law
  • The newly instituted Benelux IP Office now has responsibility for trade mark and design registration in the three countries - and its responsibilities could soon extend even further, as deputy director Dick Verschure tells MIP
  • Most companies need to use software or web-based services for searching and watching for third party rights, registering domain names and renewing patents and trade marks. In the first of an annual feature, MIP compares some market-leading products