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  • Under the European Patent Convention (EPC) divisional applications can be filed. Cascading divisional applications are also allowed. The divisional application must be filed within the time period set out in Rule 25, that is at the latest on the day before grant or rejection (unless the appeal is successful) of the previous (generation divisional) application. Further, although the EPC does not intend to allow it, there is no provision against double patenting.
  • In a recent case, the English Patents Court tried the issue of infringement separately from the issue of validity. While this was a first for the UK, it is normal practice in Düsseldorf and other German courts. Alan Johnson asks whether the hearing is likely to set a precedent and make English trials more like their German counterparts
  • Emma Barraclough, Hong Kong
  • Recently, the Australian Federal Court considered the principles of the operation of the country's laws on the doctrine of equivalents and adopted the UK "Improver" approach.
  • With effect from January 1 2006, the Italian Parliament has abolished all official fees and stamp duties due in Italy on patents (including national phases of European patents), utility models and designs. The provision, which is effective immediately, relates to patents, utility models and designs filed from January 1 2006, and – as far as annual and five-year renewal fees due from January 1 2006 are concerned – to cases filed up to December 31 2005.
  • An acknowledged increase in global patent protection coupled with government incentives to support and use IP as a component for economic growth suggests that more and more companies are looking at IP from a business as well as a legal perspective. However, analyzing a complex patent landscape for an industry that is tipped to be the next hot area remains a daunting task.
  • Owning a market-leading product or innovation is useless if you fail to keep your competitors from copying you. Daniel S Drapeau and George R Locke of Ogilvy Renault outline the most effective options available to rights owners
  • 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