Search results for

Despite harmonization, there remain significant differences in the way freelancers are treated in the EU member states. Les Christy and Susannah Kendall contrast the situation in common law and civil law jurisdictions and examine how the situation is likely to change in the future

In Aptix Corp v Quickturn Design Systems, Inc (60 USPQ 2d 1705 (Fed Cir November 5 2001)), two members of a three-judge Federal Circuit panel held that a US patent remains "presumptively valid" and enforceable, despite the admitted blatantly fraudulent conduct of its inventor in seeking its enforcement before a federal district court. The decision is troublesome, because it overrules the contrary Federal Circuit ruling in Fraige v American National Watermattress Co (27 USPQ 2d 1149, 1151, n3 (Fed Cir 1993)) and repudiates a principle considered virtually axiomatic among US lawyers for many years ? that is, that fraud practised in connection with either acquiring or enforcing a patent renders the thus-tainted patent permanently unenforceable. Furthermore, it is difficult to see any legitimate public or private purpose that is served by pronouncing the patent presumptively valid and hence enforceable either by someone other than the original patentee or by the patentee at a later time and in the absence of the offending research notebooks.

As the Gulf Cooperation Council’s patent system goes from strength to strength, Ralph Cunningham examines how patent owners are benefiting from improved protection and enforcement throughout the region

Artistic copyright has sometimes been seen as the Cinderella of copyright law. Simon Stokes argues that recent artistic copyright cases in Europe and North America are pushing copyright law to its limits. This has implications for the creative industries generally.

Jane Mutimear examines how the courts in Germany and the UK, as well as OHIM, have treated trade mark applications arising from generic domain names

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

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

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).

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

Ingrid Hering, London