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Fittingly, I am writing this column on April 26 ? the first World Intellectual Property Day. Today, which will become an annual celebration, is the date when the Convention establishing WIPO entered into force in 1970.

A decision of special interest to the biotechnology community, Hitzeman v Rutter, 58 USPQ 2d 1161 (Fed Cir 2001), was delivered by the United States Court of Appeals for the Federal Circuit (CAFC or Federal Circuit) on March 21. The case arose as an appeal from the US Patent and Trademark Office (PTO) Board of Appeals and Interferences and it involved a determination of who is entitled to receive a US patent covering the particulate hepatitis B surface antigen produced in yeast cells, which is an effective human vaccine against hepatitis B. Prior to this invention, it was doubted by informed scientists that satisfactory hepatitis B surface antigen for vaccine purposes could be achieved using recombinant yeast cells as host cells, since bacterial host cells transformed with DNA encoding the hepatitis B surface antigen had been shown to produce a non-particulate antigen having no capability to impart immunity to hepatitis B in humans.

Research into the human genome has opened up the possibility of collecting, publishing and even patenting individual genes. Andreas Schrell and Nils Heide explain how a new law will regulate the gene database in Estonia

The month in figures

The pharmaceutical industry has been given another month to sharpen its arguments as it challenges the South African government over patent rights. But it is also fighting against charities, the media and public opinion. Tabitha Parker reports

A ruling that has received wide public attention in the United States, even in the popular press, is the one that the Court of Appeals for the Federal Circuit (CAFC) handed down on February 14 2001 in Amazon.com Inc v Barnesandnoble.com Inc. This ruling vacated a district court's preliminary injunction order preventing Barnes and Noble (BN) from continuing to offer its own so-called "one-click" method for ordering books and other goods online during the course of Amazon's suit asserting that the BN method infringes an Amazon method patent. Despite all the publicity accorded to the ruling, it rests upon very well-established law, widely availed of to defeat preliminary injunction motions in patent infringement suits throughout at least the twentieth century. Its claim to the degree of publicity it received rests upon the case's status as one of the earliest efforts to enforce a "business method" patent against an alleged infringer and not upon the novelty of the legal ruling.

Kathleen E McCarthy, Morgan & Finnegan, LLP

There is in every contract of employment an implied term to maintain confidentiality of information and trade secrets belonging to the employer. This duty stems from the notion of faithful service or fidelity owed both during employment and after that employment has terminated. The duty imposed by the contract of employment during the term of employment on an employee is not to put his or her interests in conflict with those of the employer.

Law and accountancy firms are coming under greater scrutiny in Hong Kong from April 1, under the new Intellectual Property (Miscellaneous Amendments) Ordinance intended to combat corporate piracy. Aimed at preventing bootlegging in places of public entertainment and combating corporate piracy, the new Ordinance targets those companies taking advantage of the loopholes in the law to avoid prosecution for copyright infringement.

ICANN is to set up a working group to make policy recommendations concerning the controversial multilingual domain (MLD) names.