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  • On November 30 2004, the Senate sent for revision to the Lower Chamber of Representatives (Cámara de Diputados) a Decree to amend the Mexican Industrial Property Law. Among other amendments, the Decree includes amendments to Article 142 of the Law.
  • The government has announced that it wants to make a number of key changes to Korea's Patent Act. It is expected to submit a bill introducing the changes to the National Assembly in October 2005. The proposed revisions deal with the following points:
  • Keeping legal advice confidential is a crucial part of any litigation strategy. Des Ryan explains how recent Australian cases on privilege could force companies to re-examine how they seek guidance from their lawyers and IP specialists
  • Setting a royalty rate is an essential part of any technology agreement. Gareth Morgan considers the lessons from three recent English cases where royalty clauses were disputed
  • A monthly column devoted to the curiosities and controversies of the IP world
  • 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.
  • 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.
  • Some of the best inventions are the simplest ones. The invention often lies in finding a neat solution to a well-known problem. Unfortunately, when patent lawyers and the (English) courts assess the differences between the invention and the prior art, the simplicity of an invention can sometimes be lost by focussing on the detail. A recent decision from the Court of Appeal, which upheld the validity of a relatively simple patent, is of note, particularly the comments made by Lord Justice Jacob on the "obvious to try" test (Saint-Gobain PAM SA v (1) Fusion Provida Limited (2) Electrosteel Castings Limited [2004] EWHC 2469 (Ch)).
  • The CII directive has provoked controversy since it was first proposed, and opinion remains bitterly divided on its merits. As the European Parliament prepares to consider the latest draft, five commentators provide very different perspectives