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  • 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).
  • 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