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Hiroshi Sheraton, McDermott, Will & Emery, London

It is an established principle applied by the European and German patent authorities that, under certain circumstances, functional features may be used for the characterization of subject matter in patent claims (see eg EPO in T 68/85; German Federal Supreme Court in "Trioxan"). Functional features have always been essential for obtaining meaningful protection for biotechnological inventions. Recently, an increasing trend towards a more general use of this type of feature for obtaining broad patent protection can be observed, specifically where patent protection for pharmaceutical compounds and medical uses is sought. Applicants should, however, be aware of the requirements to be met for the successful use of functional features in patent claims.

The biotech industry is growing rapidly but facing many new challenges, from revised PTO guidelines to the possibilities of licensing and patent pooling. Tabitha Parker asks senior in-house counsel how they are coping with change

The Baby-dry case is the first appeal to be heard by the Court of Justice in Luxembourg in proceedings concerning a Community Trade Mark. The Court of First Instance had decided not to register the term Baby-dry, used for babies nappies (or diapers). The court believed that the term is ineligible for registration as a Community Trade Mark. The examiner considered that the trade mark was descriptive of the goods for which registration was sought. She was of the opinion that Baby-dry was composed only of a simple combination of the non-distinctive words baby and dry. The mark therefore consisted exclusively of an indication which may serve in trade to designate the intended purpose of goods (Article 7 (1)(c) of the Trade Mark Regulation) such as those for which registration is sought, ie keeping a baby dry.

To a packed courtroom on Thursday April 19, 39 drug companies agreed to drop their lawsuit against the South African government.

The Supreme Court in New Delhi has laid down guidelines to avoid the registration of deceptively similar trade marks. Saying there should be the maximum possible number of indicators to distinguish two medicinal products, the Court has drawn up a broad seven-point set of rules on the registration of trade marks for medicines.

Patent infringement litigation involves a large number of uncertainties. Alexander I Poltorak and Paul J Lerner reveal how to calculate the risk involved

The decision of the ECJ rejecting a ban on tobacco advertising and sponsoring was met with applause in the EU. But the European Commission now wants a pan-European prohibition of tobacco advertising in the print media, reports Henning Hartwig

Tony Samuel, in the third of three articles on intellectual property value issues, considers some of the questions arising from the enormous growth in the worth of media and sponsorship rights in sport

It was the year of the dot-com bubble, and IP owners like everyone else were obsessed with the net. James Nurton and Tabitha Parker analyze some of 2000’s most interesting cases