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A number of recent cases have addressed the breadth of protection for patents in the UK, Germany and Japan. Ewan Nettleton, Alex Wilson, Julian Eberhardt and Hirokazu Honda examine the consequences for inventive improvements and ask how far international practice is harmonized

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

Emma Barraclough, Hong Kong

Suppliers to the public sector should note that confidentiality clauses in agreements with public authorities which allow disclosure of confidential information as required by law will permit disclosure by authorities under the Freedom of Information Act 2000 (FOIA).

EU: The international trade committee of the European Parliament met with international trade bodies on January 18, as part of its consideration of an October European Commission draft regulation on compulsory licences for medicines intended for export to developing countries. The meeting focused on how the introduction of new IP rights in developing countries, in line with the TRIPs Agreement, would affect public health. UK: Rules to modernize the patent system were introduced in January. The Patents Act 2004, many parts of which came into effect on January 1, includes new provisions on costs and expenses in infringement proceedings, restrictions on filing abroad and remedies in entitlement proceedings. It also aims to bring more clarity to the vague area of compensation for employee-inventors. UK: The International Federation of the Phonographic Industry released its Digital Music Report 2005, concluding that digital music sites are taking off among consumers thanks to more legal online sites and portable listening devices such as Apple's iPod. The number of legal downloading sites increased to 230 in 2004, with consumers buying 200 million songs in 2004 compared with 20 million songs in 2003.

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

With Vietnam discussing membership of the WTO, the government is already improving the country’s IP regime. Thomas Treutler provides a guide to enforcing IP rights in one of Asia’s fastest growing economies

A recently reported Malaysian High Court decision has demonstrated that the country's courts will make a determination based on the judge's visual impression rather than deferring to the opinion of witnesses on the issue of novelty in designs.

Under the Mexican Industrial Property Law (IPL), in force since August 2 1994, a trade mark application resulting either in a relative or an absolute ground for refusal can be objected to in a first instance proceeding before the Mexican Institute of Industrial Property (IMPI). This proceeding provides the applicant with a reasonable term to file arguments to overcome the objection. If the arguments submitted by the applicant do not overcome the objection, according to IMPI's criteria, the application should be formally refused.

India introduced a product patent regime to meet its TRIPs deadline by promulgating the Patents Ordinance 2004 on December 26. The Ordinance came into force on January 1. This measure, albeit temporary, reflects the government's resolve to meet its WTO obligations. The Indian constitution provides that an Ordinance expires six weeks after Parliament reconvenes, giving it an effective life span of six months. The government now has the unenviable task of facing opposition parties in its efforts to substitute the Ordinance with an Act.