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  • In a reference for a preliminary ruling from the Bundesgerichtshof of Germany, the European Court of Justice has been asked to determine the concept of "combination of active ingredients" in Article 1(b) of Regulation No 1768/92 on supplementary protection certificates (SPCs) for medicinal products (Case C-431/04 – Massachusetts Institute of Technology (MIT) – Opinion of Advocate General Léger on November 24 2005).
  • The Russian legislators, when drafting the Patent Law, always sought to make the law as inventor-friendly as possible and to provide the widest possible scope of subject matter that could be protected. Much has been taken from the experience of other countries. Perhaps they went too far.
  • Emma Barraclough, Hong Kong
  • Stéphanie Bodoni, London
  • India is yet to become fully TRIPs-compliant, at least when it comes to obligations relating to data protection under Article 39.3 of the TRIPs Agreement. Article 39.3 requires India to provide protection against unfair commercial use of undisclosed test data submitted by pharmaceutical and agricultural chemical companies for the purposes of obtaining marketing approval.
  • Recent decisions in the UK and Australia have shown diverging views of what novelty requires. Justin Watts and Peter Chalk ask whether some of the tests applied by the courts to check whether prior art is novelty-destroying are going a step too far
  • In a recent Australian case, the courts refused a patent for a business method because the invention did not benefit society as a whole. James Walsh and Robert Cooper examine business method patents and consider whether the greater good is a valid reason for refusal
  • In keeping with the general proliferation of the Madrid Union, there are now 12 African member countries but only in Algeria, Mozambique and Morocco are all international registrations, designating those countries, certainly effective and enforceable. In Egypt which has a mixed legal system, it is unclear whether the necessary legislation has been implemented but in practice the Registry and the courts appear to recognize international registrations.
  • As many observers predicted, WTO members made little progress at their ministerial meeting in December. Does the Organization still have a role to play in setting global IP rules? Emma Barraclough reports from Hong Kong
  • If you are a big pharmaceutical company, spending millions of dollars to manage your intellectual property every year, you will want to find the best lawyers to advise you on prosecution and litigation matters. But as Susanne Sivborg, vice-president of global intellectual property at AstraZeneca, tells Stéphanie Bodoni, the most experienced lawyers are no good if they do not respond to her company's needs