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Japanese businesses are increasingly turning to litigation to resolve their IP disputes. Lloyd Parker, Andrew Cobden and Yukihiro Otani spoke to Japanese managers to find out what lies behind the trend

In order to promote pharmaceutical research within the European Community and to keep the pharmaceutical industry from relocating to countries which offer better protection, EC Regulation Number 1768/92 for supplementary protection certificates (SPCs) was created. SPCs in the Netherlands are also governed by Regulation Number 1768/92. This is a clear and simple regulation which was meant to extend the life of a patent as far as it covered a medicinal product which had received regulatory approval and which should have led to harmonized SPC legislation in the European Community.

Last month, I wrote about how the internet has changed the way we practise law. Other technological advancements also have changed the way we practise. In particular, technology has changed the way we conduct discovery in major IP cases and the way we try those cases.

The attention to branding and the importance of trade marks has become a reality in the Middle East and, more specifically, the UAE. This includes brand owners' awareness of the role their brands can play in revenue generation and it is also reflected in the approach to registrability being adopted by the various trade mark registries in the region. One particular aspect relates to new categories of trade marks being reviewed for allowance for the first time. This includes colour combinations, but also a formerly difficult area: character representation registration.

A company in Singapore that imports and distributes healthcare and lifestyle-related products, OTO Bodycare (OTO), recently won its trade mark infringement and passing off suit against a businessman, Hiew Keat Foong, in a case concerning electrical foot massage machines.

On March 4, the Ministry of Domestic Trade and Consumer Affairs announced a proposal known as the Intellectual Property Rights Strategic Modernization Plan, which was developed in close co-operation with the EU. Covering every aspect of IP rights, including marketing and the legal framework, the blueprint aims to improve Malaysia's capacity to enforce IP rights properly and to sanction any IP infringements effectively. Plans include developing special courts to hear IP disputes, and training lawyers and judges in IP issues. The Ministry expects the plan will bring Malaysia's IP infrastructure quickly in line with that found in countries such as the UK and Japan.

In December 2004, the National Assembly passed amendments revising Korea's trade mark and design legislation. The amended Trade Mark Act and Design Protection Act are expected to become effective on July 1 2005.

In the last 10 years of India's experiments with TRIPs compliance in the domain of patents, the one section in the Act that was put to a major test is Section 3. In the past a critical amendment to Section 3 was the insertion of a new sub-section 3(k) by the Patents (Amendment) Act, 2002. This sub-section, for the first time in the history of India's patents law indirectly made at least certain aspects of computer program related inventions patentable. Accordingly, the amended law provided that what is not an invention is only "a mathematical method or business method or a computer program per se or algorithms".

April 1 2005 marked 10 years since the new Dutch Patents Act came into force. The old patents act of 1910 was phased out after a transition period of nine years on September 1 2004. After having been in force for 10 years, some of the upsides and downsides of the registration system under the Dutch Patents Act of 1995 (ROW 1995) have become clear.

The European Commission has recently published a proposal for a Directive amending Directive 98/71/EC on registered designs by harmonizing the position in respect of spare parts. A spare part is a component part used for the repair of a product composed of multiple components, a so-called complex product, to restore its original appearance. Examples of such spare parts include car body panels, bumpers and windscreens which need to match the component being replaced. The proposal covers all repairable complex products, including household devices and electronic goods as well as cars.