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Ingrid Hering, London

In a recent case, the ECJ affirmed that parallel importers can repackage pharmaceutical products for resale in the EU – but the court gave no guidance on how repackaging should be undertaken. Hiroshi Sheraton examines the decision

Downloading free music in the form of MP3 files has been a point of discussion for a long time now. Only last year Napster, a file exchange program mainly used for music files, was closed down by a US judge. However, a Netherlands competitor to Napster, KaZaA, recently survived a controversial case against Buma/Stemra, the Netherlands agency for collecting copyrights.

Compound marks are those formed by two or more words. When a third party adds a word to a nominative trade mark that is already registered, the result must be a mark that is sufficiently distinctive for it to be registered as a new mark, and there must be no danger of it being confused with the products identified with the mark that had been previously registered.

The International Nice Classification allows all entities which are part of the Nice Convention to unify under one criteria the classification of goods and services to be protected with a trade mark.

New industrial property regulations in Poland give the Supreme Administrative Court control over the legality of decisions issued by the Polish Patent Office. The new rules that came into force on August 22 last year overturn more than 60 years of administrative procedure where control was limited to extraordinary appeals against final sentences which could be filed only by administrative boards in clearly defined special situations. These appeals were examined by judges of the Chamber of Administration Labour and Social Insurance at the Supreme Court and until last August the Supreme Administrative Court (which was set up in 1980), did not examine any matters related to industrial property. Under Polish constitutional law the Supreme Administrative Court along with the Supreme Court, the Constitutional Tribunal and the Tribunal of State is the highest court in Poland.

For some time there has been uncertainty about the Czech Republic joining the EPC and the date that this might happen (see previous International Briefings). However, accession to the EPC has recently been approved by the Czech parliament and the proposed date, July 1 2002, confirmed. Consequently, on this date Part 3 of the Czech Patents Act No 527/1990 as amended by Act 116/2000, regulating proceeding of the European Patent Applications will come into effect.

A wealth of IP rights exists in innovations from the developing world, particularly in biodiversity inventions. The battle has always been to secure access to those rights. India’s Honey Bee Network is one organization fighting for a fairer system. Ralph Cunningham reports

The doctrine of equivalents and the rule of prosecution history estoppel are settled law. The responsibility for changing them rests with Congress. Fundamental alterations in these rules risk destroying the legitimate expectations of inventors in their property

Ralph Cunningham, Asia Editor, MIP