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  • The Enlarged Board of Appeal has laid down the criteria that allow a practitioner to assess whether a diagnostic method is excluded from patentability under Article 52(4) EPC. In Opinion G1/04 of December 16 2005, the Board sets a liberal standard for the patentability of diagnostic methods.
  • On April 7 2006, Dan Brown and The Da Vinci Code were cleared of infringing copyright in The Holy Blood and the Holy Grail (HBHG). The case was brought by Michael Baigent and Richard Leigh, authors of HBHG, against Random House (the publisher of both books).
  • The legal provisions regarding actions to cancel a trade mark are contained in Article 48 of Law 84/1998 concerning trade marks and geographical indications, specifying that "any interested person" can request a trade mark cancellation if:
  • On April 18 2006 the Beijing People's High Court upheld the decision of the lower Court in holding the owner of the Silk Road Market in Beijing to be infringing the trade marks of LV, Chanel, Prada, Gucci and Burberry by providing conveniences to the stores operating there and selling counterfeit goods involving these brands.
  • Calculating damages in trade secrets cases can be more difficult than in cases involving other IP rights. Marc J Pensabene and Christopher E Loh consider strategies for plaintiffs and defendants and, overleaf, provide a guide to how contracts can help you avoid liability
  • Emma Barraclough, Hong Kong
  • In December 2005, the South African Registrar of Trade Marks issued a practice note (Practice Note 1 of 2006), which came into effect on January 3 2006. The revised rules have a direct impact on proprietors of pending trade mark applications in South Africa.
  • Maintaining an IP portfolio can be a costly exercise, particularly where patents and trade marks are concerned. However, domain names can generate tangible financial rewards without having to cost the earth. Often the registration of a URL can prove to be one of the most valuable investments a company can make.
  • AUSTRALIA: The Attorney-General unveiled far-reaching copyright reform proposals on May 14. There will be two new exceptions for private use – allowing TV and radio programmes to be recorded and watched or listened to once only at a later time and allowing copies of copyrighted material to be made in a different format. But the government said it will also introduce a range of new measures including on-the-spot fines and the opportunity to recover profits from copyright pirates, as well as making it easier for copyright owners to prove ownership of their rights and giving more power to Customs.
  • No one admits to being a patent troll, but everyone knows they exist. Where are they hiding and what do they do? Join James Nurton on a quest into the deepest, darkest reaches of patent law to find out