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  • Today, the vast majority of national patents pending in the European countries have evolved from patents granted by the European Patent Office. Even if the validity of such a patent has been confirmed in opposition proceedings before the European Patent Office, it can still be attacked in nullity proceedings before the national patent authorities. In national invalidation proceedings, any differences between the European Patent Office and the national authorities with respect to the interpretation of the basic standards for patentability might turn into a trap for the patent owner.
  • Restrictions on investment agreements and IP rights came under scrutiny in a recently decided case heard in the UK.
  • As the doctrine of equivalents comes under increased scrutiny, the three major patent markets are notable for their similarities more than their differences. Hugh Dunlop examines how jurisprudence in the US, Japan and Europe has matured, and discusses the options for harmonization
  • Parties who wish to appeal against decisions in patent oppositions must appeal at the right time or they will be shut out. This was the outcome of a recent case in the Federal Court of Australia. In some cases it is the notionally successful party which must appeal, explain Richard Hamer and Jon Gottschall
  • EU member states have established their own country code domain name assignment rules using divergent criteria. Carles Prat and Laura Poncela examine them against EC internal market principles
  • A truly global patent issue erupted in 2002, as courts in Asia addressed how sick people in the developing world can obtain vital patented medicines. The debate reflects the internationalization of patent systems, explains Ralph Cunningham
  • In recent years, many websites providing goods and services have appeared as a consequence of the development of the internet as a business environment. Consumers all over the world can find a very large range of goods and services easily and quickly. Under these circumstances it was obvious that domain names became a very important element in order to draw the consumer's attention.
  • There is no specific provision in French Law allowing the performance of clinical trials, in particular bio-equivalence trials, before the expiry of the patent on the product. Are these acts of infringement? The case law has recently evolved.
  • China’s formal recognition of foreign well-known marks for the first time is welcome. Foreign trade mark owners should have more confidence now when doing business in China, argue Yvonne Chua and Howard Tsang
  • Reform of the IP laws have clarified issues such as jurisdiction and remedies in litigation. Owners should have more confidence in gaining favourable verdicts, explains Li Yong