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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

The scope of the experimental use exemption is a vital issue for both research-based and generic pharmaceutical companies. Ina Schreiber and Cyra Nargolwalla of Cabinet Plasseraud examine attempts to harmonize the law in Europe, and compare practice in France, Germany and the UK

According to Section 10(1) of the German Patent Act, a patent has the effect that any third party that does not have the consent of the patentee is prevented from offering or supplying a component relating to an essential element of the invention. According to the recent Flügelrad decision of the German Supreme Court (X ZR 48/03 dated May 4 2004), in assessing what is an essential element of the invention, only components that have a functional interaction with other elements of the patented device can infringe the patent.

Fabrizio Miazzetto examines the issues litigants should consider when bringing proceedings before the new CTM and CD courts in Alicante and discusses the opportunities for rights owners to forum shop in Europe

Patent leader IBM has said that it will provide open access to 500 of its patents to anyone working in the field of open source software.

Emma Barraclough, Hong Kong

Singapore is due to accede to the Geneva Act (1999) of the Hague Agreement during the first half of 2005, in line with the Registered Designs (Amendment) Act 2004 which came into force on January 1 2005. This will allow Singapore to meet its obligations under the European Free Trade Association-Singapore Free Trade Agreement (ESFTA).

The US Supreme Court’s recent trade mark ruling has broadened the scope of fair use defences that can be used by alleged infringers. But, says Jonathan Moskin, the ruling’s cautious logic also raises questions for trade mark owners to consider