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The fair basis requirement has vanished from UK patent law – but remains an important consideration in Australia. Barry Eagar says overseas applicants must pay attention to this requirement and ensure that the claims correspond to the patent specification

New copyright legislation emphasizes China’s commitment to its international obligations. While overseas copyright owners should welcome the new law, enforcement of their rights will remain a challenge, argue Luke Minford and Stella Li

Guylyn R Cummins, Gray Cary Ware & Freidenrich LLP

Fifth International Publishers Association Copyright Conference, February 20-22 2002, Accra, Ghana. Details at www.ipa-uie.org, or the Ghana Book Publishers Association, email: ipa2002@ghana.com

Pharmacia Corp, GD Searle & Co and Pfizer Inc (the patentees) were the proprietors of European Patent (UK) 0 679 157 (the patent) relating to chemical compounds having use as non-steroidal anti-inflammatory drugs (NSAIDs). The patentees appealed the findings at trial that the patent was invalid and not infringed by the defendants, Merck & Co Inc and Merck Sharp & Dohme Ltd (Merck). On appeal, the finding of invalidity was confirmed (Court of Appeal, December 14 2001). Merck's chemical compound, sold under the name Vioxx, was held to fall within claim 1 and would have infringed if the claim had not been held invalid.

Dust off your dormant IP and reap the benefits of donating it to a non-profit organization. Not only can it bolster your bottom line; it can also foster R&D and academia, reports Ingrid Hering

? China: The State Council unveiled a new statute on copyright protection of computer software on January 11. The new legislation, which runs to 33 articles, states that an individual software developer shall retain his copyright throughout his life and for 50 years after his death.

Ralph Cunningham, Hong Kong

Ingrid Hering, London

The directive concerning legal protection of biotechnological inventions (98/44/EC) has not been annulled according to a judgment made by the European Court of Justice (ECJ) on October 9 2001 (C 377/98).