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  • A monthly column devoted to the curiosities and controversies of the IP world
  • On February 28 2005 the German law implementing EU Directive 98/44/EC on the legal protection of biotech inventions entered into force. It included a new sub-section 4 in §1a) of the German Patent Act which represents a departure from the absolute compound protection for naturally occurring human DNA sequences.
  • In mid-2003, China relaxed its policy on trade mark agencies, making it much easier to set one up. At the moment, no special qualifications are required to run an agency. For example, a trade mark agency does not need to have any qualified trade mark agents or other professionals. In fact there have been no public trade mark agent examinations held since 2000.
  • Belgium:The European Parliament on February 23 approved the proposal for a new regulation to amend Customs control procedures and boost security at the EU's borders, first put forward by the European Commission in July 2003. The proposed regulation will introduce the possibility for Customs offices to exchange information electronically on goods movements, as well as a Community-wide computerized system for risk management. The Netherlands: Piracy investigators discovered more than 140,000 fake CDs and DVDs during raids on 13 shops in Rotterdam in March. More than 100 Dutch fiscal police officers uncovered the fakes, with most them believed to have been smuggled into the Netherlands from Pakistan. The International Federation of the Phonographic Industry (IFPI), Dutch anti-piracy group BREIN and the British Phonographic Industry were also involved in the raids. UK: Thirty-one individuals face letters from the UK music industry warning them against their file-sharing activities following an order by the High Court on March 11, forcing six UK internet service providers to release the names and addresses of the suspects. The order followed settlements agreed by the British Phonographic Industry a week earlier in 23 out of 26 cases that it had launched in October 2004, amounting to a total of £50,000 ($95,000) paid by the infringers to avoid court proceedings. UK: A bitter dispute over the colour orange is heading for the courts, after easyGroup and Orange (owned by France Telecom) ended attempts to settle their differences at the end of February. easyGroup announced last summer that it would enter the European mobile phone market in association with Danish company TDC mobile, planning to use the name easyMobile and the familiar easyGroup shade of orange. But rival mobile phone operator Orange is already established in the UK market and relies heavily on the name and colour orange in its marketing.
  • Australia:The government said that it was considering adopting a US-style fair use defence to copying that would allow consumers to copy films and music without the risk of breaking the law. At the moment, anyone who copies a CD to their Apple iPod or a cassette is technically infringing the Copyright Act. Australia:The head of the business lobby group Australian Industry Group urged the government to set up an IP monitoring and dispute panel before it starts any negotiations with China over a free trade agreement. India: A Delhi High Court judge ruled that a famous sculptor has complete rights over a work he created for a state building. The Judge ruled that Amar Nath Seghal had an actionable right under the Copyright Act, even though the government owned the mural's copyright. The court ordered the government to return the artwork to the sculptor and pay him Rs500,000 ($11,400) in compensation. The judge also ruled that the government no longer had any rights over the work. Japan:Judge Katsumi Shinohara of the Tokyo High Court's IP Department is to become the first president of Japan's IP High Court. The court will start work on April 1, and will have jurisdiction over all IP cases brought before the Tokyo High Court.
  • Shareholders and directors increasingly expect IP rights to contribute additional revenues and be managed as a business. Lex van Wijk of Vereenigde provides strategic tips on managing patent assets in technology-based companies
  • Customs authorities provide an effective weapon against counterfeit goods in Europe. Jasper Helder and Francis van Velsen of Simmons & Simmons in Rotterdam examine their relevance in defending patent rights
  • Jeroen Cornelis and Louise E Scheffer of Nederlandsch Octrooibureau provide tips on filing Benelux trade mark applications and using the new opposition procedure
  • The Dutch courts offer many attractions to European litigants. Freshfields Bruckhaus Deringer explains the benefits of bringing patent cases in the Netherlands
  • Dominique Kaesmacher, Lionel Duez and Anne Gaëlle Peters of Kirkpatrick in Brussels explain how the description seizure and Customs seizure can be useful tools for trade mark owners in Belgium