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  • Franchising is booming in China as foreign investment increases. Mark Abell and Tina (Yanfei) Ran examine whether the new Franchise Regulation will give it still more impetus, and provide an overview of other relevant legislation
  • Australia: Eli Lilly persuaded a judge at a court of first instance to declare Pfizer's method of treatment patent for Viagra invalid. Justice Heeley said that the patent lacked inventive step and was not fairly based. The decision allows Eli Lilly to continue to supply its own impotence treatment drug, Cialis, to the Australian market. China: The International Intellectual Property Alliance, the US film, music and software lobby group, urged the government to start immediate talks with China in the WTO over its IP rights record, and to put China on its section 301 Priority Watch List. China: Figures released by the Supreme People's Court show that Chinese courts decided 8,832 civil IP violation cases last year, a rise of more than 46% from 2003. The number of copyright cases rose by 70% in the past year. China: The results of a recent survey conducted by Nanjing University, and supported by the China National Social Science Foundation, make distressing reading for rights owners. According to the study, which mainly focused on urban residents, 90% of respondents said that they do not feel shame or guilt when purchasing fake products. In addition, 62% said that they could not distinguish between fake and genuine goods, while 16% said that they had never received any information regarding piracy issues. Japan: Local software developer Justsystem lost a patent infringement case brought by Matsushita, which accused Justsystem of infringing its patent for a pop-up help feature. Justsystem pledged to appeal the ruling but lawyers say that an appeal court defeat for them could herald a rise in software patent litigation in Japan. Singapore: Singapore has signed up to the International Performances and Phonograms Treaty, and the Copyright Treaty, both administered by WIPO. The treaties will take effect on April 17.
  • Sam Mamudi, New York
  • A recent opinion of the European Court of Justice's (ECJ) Advocate General has given ammunition to UK brand owners by suggesting that slogans forming part of other registered trade marks may in principle be distinctive enough to acquire registration in and by themselves.
  • The European Commission has bucked international trends by proposing fee reductions of up to 30% for Community trade mark applications. But not everyone is pleased with the plans. James Nurton reports
  • As part of its internationalization process, Chile is due to introduce reforms to its IP laws to bring them in line with the requirements of the TRIPs Agreement. Eduardo Molina and Sergio Amenabar explain what the changes will mean for rights owners
  • 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
  • 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.