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Trade in counterfeit goods is a grim global phenomenon. Complex, fast moving and sophisticated, it demands an increasing awareness worldwide. This awareness is changing the IP landscape in Canada.

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.

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.

In the light of recent cases on the scope of patent protection, William Cook, Peter Meyer and Francis van Velsen of Simmons & Simmons compare the approach of the English, German and Dutch courts

Research into stem cells is leading to new demands on the patent system - and provoking resistance from protesters. Members of FICPI's Biotech Committee Helene Fagerlin, David Bannerman, Lola Bartoszewicz and Danny Huntington survey the latest developments in the US, Europe and elsewhere

Given the richness of Mexico's genetic resources, biopiracy is a serious threat in the country. Osvaldo Amaral of Olivares & Cia examines the existing and proposed legislation to protect local communities

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

Jason P Rogers of James & Wells provides a guide to protecting pharmaceutical and biotech inventions in New Zealand, and previews the changes expected under proposed changes to the Patents Act

Monica Hyon-Kyong Leeu and In Hwan Kim of Kim & Chang explain how the KFDA's drug re-examination system provides protection for pharmaceutical data in Korea

Biological resources can provide commercial opportunities but their importance for local communities must also be respected. Sunita K Sreedharan of Anand & Anand examines how India has reconciled conflicting demands in this area