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An IP policy is an essential component in protecting your intangible assets - yet many companies say they do not have one. In-house counsel tell MIP why IP policies are needed and how to draw them up. By Stephanie Bodoni

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.

The Intellectual Property Office of Singapore (IPOS) has introduced a national management and auditing tool named Strategies for Creation, Ownership, Protection and Exploitation of Intellectual Property, or SCOPE-IP. In our technology driven world, IP plays a critical role and successful companies recognize the importance of performing due diligence so they can aggressively exploit their IP rights.

Patent terms of advanced technologies in Korea have gradually become shorter as patent examination procedures get longer. To resolve this deficiency in the Korean patent system, officials have revealed a new strategy to reduce the patent examination period from 22 months to 10 months.

The recently promulgated Indian Patent Ordinance indirectly recognizes "new uses" as patentable in India. Thus far, new use of a known substance was unpatentable. Section 3 of the Indian Patents Act 1970 excluded "new use" from the scope of patentable inventions. The recent amendment enables pharmaceutical companies to protect new uses of patented drug molecules, which is a move welcomed by the global pharmaceutical companies.

The revised version of the Implementing Regulations on Customs Administrative Punishment, which took effect on November 1 2004, once again gave Customs the power to fine exporters and importers for infringing IP rights. The maximum fine that Customs can levy is 30% of the value of the infringing goods. In serious cases, the traders face criminal penalties. The new amendment has no retrospective effect.

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

James Nurton, London