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  • Last March, the Dutch Court of Appeal in The Hague gave its judgment in an infringement/nullity case where (in first instance) a Dutch firm (Fokker Aerospace) was sued for infringing a European patent owned by a Luxembourg firm (Parteurosa). The patent claimed a convertible container construction. The Court referred to a decision of the Dutch Supreme Court of 1996 that said that partial nullity of a patent is only allowable if it is sufficiently clear to the skilled person taking note of the patent and the state of the art at the filing date what the scope of the remaining patent protection is. In this particular case, the Court found that claims 1, 2 and 19 to 21 were void. The remaining claims 3 to 18 described seven different subjects, and it was not clear from the description, according to the Court, which subject was favoured. Using the above-mentioned Supreme Court decision, the Court of Appeal ruled that the whole patent was void.
  • As the value of IP increases, there are more companies willing to take advantage of the patent system to scare others into paying alleged damages rather than face a trial. But, says Bob Cote of Orrick, fighting these so-called patent trolls will pay off in the long run
  • The UK approach to patenting software is stricter than that at the EPO. But does that mean that a patent drafted with an eye to the UK position is a safe bet for protection at the EPO? Gwilym Roberts and Peter Hale of Kilburn & Strode in London explain the legal and practical issues
  • Changes to Singapore's patent law will greatly help companies seeking pharmaceutical patents. Kristian Robinson and Alicia Sim of Ella Cheong Spruson & Ferguson outline what the reforms will mean
  • Russia's system of post-grant opposition differs in important respects from that of the European Patent Convention. But this can be a good thing, as Katja Feiring and Petja Papula of Papula-Nevinpat explain
  • Elean Papachristoforou of Andreas Neocleous in Cyprus examines the different means of protection available in the country, and explains how the law has changed following EU accession in 2004
  • Heriberto R Lopez of Becerril Coca & Becerril discusses the patentability of software and business methods in Europe and the US, and the situation in Mexico
  • Bert Oosting and Klaas Bisschop of Lovells examine the litigation remedies available to patent owners in the Netherlands
  • There have recently been a number of developments in the legislation and case law that govern Canadian patents. Christopher Van Barr and Jay Zakaïb of Gowlings highlight the changes, and explain what they mean for rights owners
  • While many foreign companies are rushing into China to exploit the huge market, there are concerns about the level of protection available to owners of IP rights. Connie Carnabuci and Peter Yuen of Freshfields Bruckhaus Deringer advise on the best ways to increase the likelihood of effective enforcement