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  • Emma Barraclough, London
  • Following the enactment of the Austrian Utility Model in 1994, not much guidance was given by the courts with regard to the level of inventiveness required to meet the statutory requirement of "inventive step". According to the considerations given by the legislator and the prevailing opinion in academic writing, a lower quantity of inventiveness compared to patent law was considered sufficient for the registration of valid utility models in Austria.
  • When Argentina joined the TRIPs Agreement in 1995, the Patent Law was modified to include the minimum standards. One of the most important changes was the term for which patent protection would be available for inventions in Argentina. The former Patent Law 111 established that patent protection was for 15 years from the granting date. Under this system, the prosecution delays of the Patent Office did not matter very much because they did not affect the effective life of the patent. But when Argentina adapted its regulations to TRIPs standards in 1995, and Argentina's Patent Law 24,481 was enacted, the situation changed completely, and the term of patents was set at 20 years counted from the date of filing of the application.
  • Entitlement disputes under the UK Patents Act have recently undergone something of a revival with several cases reaching the courts. Interestingly though, Patent Office figures reveal that the number of entitlement disputes filed before the Patent Office has remained steady over recent years as has the number of cases referred from the Patent Office to the UK courts. Why then is everyone discussing entitlement disputes under UK law?
  • In an extract from their book Little Blues: How to Build a Culture of Intellectual Property Within a Small Technology Company, André Carter and Raymond Millien examine how a small business with IP rights can also nurture an IP culture
  • Ian Finch and David Marriott of James & Wells laud New Zealand's virtues as a test market for IP litigation cases, or to test the strength of patents and trade marks
  • Peter Hallett of Watermark identifies the pitfalls of drafting a trade mark licence agreement in Australia, and explains how to avoid them
  • Albert Terry of Griffith Hack discusses how the Bavaria case addressed the geographical significance issue in Australia
  • Australia: The Trade Marks Amendment Bill was passed by the Australian Parliament on October 12. Amendments include the ability to conduct simple trade mark transactions over the phone and new provisions dealing with opposition procedures.
  • WIPO's latest patent report reveals an Asian patent boom. Peter Ollier considers what impact the rise of IP offices in China and Korea will have on the international patent system