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US: An en banc panel of the Court of Appeals for the Federal Circuit heard arguments in Phillips v AWH Corp on February 8. The final ruling could determine how trial courts interpret claim construction in all future patent cases. A decision is expected in early 2006. US: The head of Hewlett-Packard's Linux programme urged open source developers not to ignore software patents. Martin Fink, vice-president at Hewlett-Packard, told an audience at the LinuxWorld Conference and Expo that "refusing to patent one's ideas is leaving oneself exposed for absolutely no good reason". US: Microsoft and Nokia signed a deal which will see Microsoft software installed on Nokia's phones. The agreement will allow customers to transfer songs from computers to mobile phones, and also download music from their phones to computers using Microsoft software. US: Fashion company Cartier won a $594 million judgment in a New York district court, after a two-and-a-half year prosecution using private investigators and a paper trail targeting main suppliers, rather than the makers or sellers of counterfeit goods. The company claims the payout is the largest made in a counterfeit case anywhere in the world.

Sam Mamudi, New York

Taiwan's 2004 achievements in IP TIPO completed revision of Examination Guidelines for Patents, Examination Guidelines for Three-dimensional, Sound and Colour [trade marks] and Examination Guidelines for Likelihood of Confusion - all published for patent and trade mark examiners in the hope of improving examination quality. The Copyright Act was amended in September, broadening copyright protection to the digital world. The Integrated Enforcement Task Force was reorganized and renamed the IPR Police on November 1. On November 23, the IPR Police raided a warehouse, seizing more than 10,000 counterfeit clothes items with a value of $937,500. The director-general of Customs held three nationwide workshops from October to December, educating more than 100 customs officials on IP inspection skills. On June 8, at the Judicial Yuan's Senior Officers meeting it was decided that a dedicated IP court would be created in Taipei's Shilin District. Plans detailing the court's establishment are being formulated. One of Taiwan's most senior IP figures has set out a far-reaching plan to strengthen the country's rights framework, and offer owners greater protection and enforcement measures.

Charlie McCreevy Internal market Commissioner Charlie McCreevy addressed the European Parliament's legal affairs committee on February 2 to help him form his opinion "on where to go next" on the EU's IP laws.

In the US, federal judicial courts compete with each other to handle patent litigation. Roderick McKelvie and Scott Weidenfeller examine whether recent reforms in the Western District of Pennsylvania will attract more cases to its court

Emma Barraclough, Hong Kong

A new trade mark opposition procedure was introduced in the Benelux at the beginning of 2004. One year on, Boudewijn van Vondelen asks whether this has led to a stricter registration system

A recent ruling by a US court has triggered a debate about worldwide computer and communication systems and the reach of US patents. John Kenny and Sascha Schalkwijk examine the arguments behind the celebrated Blackberry case

On January 1 2004 a trade mark opposition procedure was first introduced in Benelux (an economic union between Belgium, the Netherlands and Luxemburg). Before that date conflicts between trade mark owners had to be solved in court, if a settlement proved not to be possible. The new system leaves ample room for amicable settlements, but if necessary a conflict can be resolved quickly and cheaply, and at an early stage. Of course appeal still remains possible before one of the three national courts of appeal.

It has been hard for biogenerics to gain regulatory approval in Europe and the US, but the new EU regulatory regime could change that in Europe. Tim Powell and Ewan Nettleton of Bristows ask if the tide has turned