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  • Patented inventions in Ireland provide a large source of revenue in the pharmaceutical and technology industries. Ireland's tax exemption in respect of certain patent royalties has been one of the driving factors behind investment by multinationals, principally from the US, in the Irish economy. After much recent speculation about the possible removal of the Irish patent exemption from the Irish statute books, in a welcome development, the Irish government in its recent budget retained the tax incentive for companies creating patentable intellectual property in Ireland. In this month's piece we give an overview of the main provisions of the exemption.
  • Notwithstanding the efforts of the Beijing AIC to strengthen IP enforcement by banning sales of certain well-known brands of goods in the Silk Market and other markets in Beijing, stall operators have continued to offer counterfeits for sale. As a result, Burberry, Chanel, Gucci, Louis Vuitton and Prada joined forces and instituted legal proceedings against five stall operators as well as their landlord Beijing Xiushi Haosen Clothing Market Co Ltd.
  • Ben Moshinsky, London
  • An effective and efficient patent application process is the first step in building a valuable portfolio. Eugene J Gierczak and Daryl W Schnurr of Miller Thomson explain Canada's patent framework
  • Knowing what can be protected under trade mark legislation is key to devising a strategy to protect your company's name and product. Kamleh Nicola, Andrea Kokonis and Lisa Allegro of Torys explain the rules for prospective applicants
  • In an age of increasing globalization, Canada's courts have crafted a copyright jurisprudence that brings the country closer to the US in particular says Robert Howell of the University of Victoria
  • The scope of IP protection in the biotechnology and life sciences sectors in Canada and the extent that such IP rights may preserve market exclusivity has been shaped by a number of recent authoritative judicial decisions. Arthur Renaud and Martin Kratz of Bennett Jones look at two areas that have particularly been shaped by the courts
  • Will the introduction of post-grant opposition provide greater opportunities to patent challengers in the US? A letter from John P Sutton
  • The Supreme Court of the Philippines decided 5 intellectual property cases in 2005. In the case of NBI-Microsoft et al v Judy C Hwang et al (GR No 147043, June 21 2005), Microsoft filed a complaint for copyright infringement and unfair competition. The courts issued search warrants by virtue of which several pieces of computer-related hardware, software and accessories were seized. During the preliminary investigation, the Department of Justice (DOJ) dismissed the complaint for lack of evidence and lack of interest in prosecuting. The respondents' defence was that in filing the complaint, Microsoft's real intention was to collect unpaid royalties (some of the respondents were former Microsoft licensees). On appeal, the Supreme Court set aside the resolutions of the DOJ and ruled that the scope of copyright infringement is not merely the unauthorized "manufacturing" of intellectual works but rather the unauthorized performance of any of the acts covered by the Copyright Law.