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  • Malaysia has become the latest country in Asia to set up its own domain name dispute resolution policy to deal with disputes concerning the registration of country-code top-level domain names.
  • The United States Court of Appeals for the Federal Circuit (CAFC) issued its State Street Bank decision in July 1998. Following this decision, a large number of computer-related andbusiness model patent applications were filed and granted inthe US. In contrast to that, it is an implicit requirement of the EPC that any invention must have a technical character. Thus, a scheme for, for example, organizing a commercial operation, being of a pure commercial nature, even if run on a computer, would lack technical character and would therefore be excluded from patentability. In the case of a PCT application based on a US patent application which relates to a computer-related or business model invention, this difference between the EPC and US patent law is a problem when entering into the European phase. Regarding search, the EPO examiner has the discretion to do a complete search, a partial search or even no search at all, depending on the extent to which the claims refer to technical subject-matter. In the last two cases, the EPO transmits a declaration under Rule 45 EPC (EPO Form 1507) stating that it was not possible to carry out a meaningful search into the state of the art. The following alternative steps are possible in such a situation:
  • The State Council announced on December 28 2002 the amendments to the Implementing Regulations of the Patent Law which became effective on February 1 2003. The new amendments effectively extend the time limit within which PCT applications under Chapter I can enter the national phase in China to 30 months (from the priority date) from 20 months previously. In accordance with the amendments, the subject extension shall only apply to a PCT application designating China where its 20-month time limit has not expired as of February 1 2003.
  • Managers of some of the world’s most recognizable trade marks tell Sam Mamudi about their filing strategies, relationships with outside counsel, and their favourite countries in which to register their marks.
  • The Australian Senate has passed a law which reforms the parallel imports provisions of the Copyright Act. The legislation widens the scope for parallel imports but late amendments spared the publishing industry, reports Ralph Cunningham
  • A new streamlined procedure has been introduced to make patent litigation cheaper in the UK. But will it make the courts more attractive to patent owners? James Nurton reports Plus: Interview with Mr Justice Robin Jacob
  • The judgment in Aktiebolaget Hassle v Alphapharm gives valuable guidance about the ‘obvious to try’ doctrine to the owners of Australian patents. Barry Eagar argues that the judges stressed the importance of Australian case law over its English equivalent
  • Executives should be aware of the possible connections between knowledge management and IP. Individual and organizational knowledge can be converted into IP rights, which can then be commercialized, explain Sharyn Ch’ang and Amanda Horne
  • The US Supreme Court's ruling in the Victoria's Secret dilution case is the latest example of the trend to rein in IP rights. Edward Vassallo and Tila Duhaime examine what the ruling means for trade mark holders
  • Pandrol USA LP v Airboss Railway Products Inc, 65 USPQ 2d 1985 (Fed Cir 2003) deals with several interesting questions of jurisdiction and waiver under US law.