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  • Asia has turned the corner in addressing IP deficiencies. But problems remain – from the political wranglings in Indonesia to the booming Korean market. Tabitha Parker investigates
  • On May 10 2000, there entered into force a new Act No 116/2000, amending some IP laws, including the Patents Act No 527/1990. The only exception concerns Section 3 of the Patents Act, regulating European patent applications and the European patent. This Section will enter into force on July 1 2002, ie on the day of the supposed accession of the Czech Republic to the EPC. The most important part of the said amendments concerns the grant of supplementary protection certificates for medicinal products and plant protection products. Commercial exploitation of inventions protecting such products is shortened by the registration proceeding carried out by the respective state authorities before such products can be put on the market. In justified cases, supplemental protection certificates extend the life of protection by the time of registration proceeding. Reasons for the introduction of supplementary protection certificates are just the same as those which led the European Union to adopt Regulations of the Council No 1768/92 and 1610/96 ie to keep up the level of research, and to safeguard a competition ability and free circulation of medicinal products and plant protection products.
  • CHINA: Intcera High Tech Group is adding a new plant in mainland China to expand its manufacture of fibre-optics components. CHINA: The Ministry of Information Industry and National Copyright Administration prepared a draft amendment to the Regulations for the Protection of Computer Software. Changes include an extension of the period of protection for software from 25 years to 50 years. EUROPE: From January 1 2001, new Block Exemptions and Guidelines, which affect trade between the member states of the European Union, became effective. The aim of the Guidelines is to provide a simplified framework for assessing whether a horizontal agreement comes within the Article 81 (1) prohibition and, if it does, whether it is exempt from it. UK: Protocol Solutions, which specialized in NT and desktop systems, has been forced into receivership following legal action taken by the police over counterfeit software. US: Brobeck Phleger & Harrison raised its first-year associate pay by $10,000 to $135,000. A first-year associate can now expect to receive $170,000. US: In the first case of its kind, federal prosecutors in Los Angeles have claimed a website selling counterfeit software on the internet as part of a criminal case. Maria Yolanda and Sola Lirola, who made $900,000 in profit, sold software billed as retail products from companies such as Adobe and Microsoft.
  • In an unexpected turnaround, on December 26 2000, the Clinton administration killed a proposal to allow imports of low-priced prescription drugs into the United States. Congress abandoned the controversial plan on the grounds that it would be unsafe and would not achieve its aim of providing the public with cheap drugs. Describing the proposal as severely flawed, Donna E Shalala , secretary of health and human services, echoed the concerns of pharma companies who believed that without sufficient funding and strict regulations, the plan would have had a devastating effect on public safety.
  • Membership of the European Union came one year closer for many Eastern European countries last year, but as governments rush through necessary legislation, consumers and companies are being left behind. Tabitha Parker reports
  • The year 2000 saw important progress regarding both the Community Patent and the European Patent Convention. Neil Jenkins reviews the developments and looks forward to further changes
  • Nearly a decade after the first release of shocking advertising images by Benetton, the German Federal Constitutional Court has now found the ads acceptable. Henning Hartwig examines the landmark decision, which has finally put an extensive discussion to rest
  • In one of the most eagerly-awaited patent trials in recent years, Amgen has successfully defended three out of the five patents protecting its best-selling drug Epogen. In a 245-page ruling, Judge William G Young of the US District Court in Boston ruled that Transkaryotic Therapies (TKT) infringed the patents in its experimental drug Dynepo. But he ruled that two further patents on Epogen were not infringed. Dynepo is at present in phase III clinical trials. TKT´ s shares fell over 50% following the decision, while Amgen´ s share price shot up 10%.
  • Fact they say is stranger than fiction. In the David v Goliath case that is Trovan v Pfizer this is certainly true. In the story David slays Goliath and is proclaimed king. In the Trovan case, Pfizer´ s Goliath is made of stronger stuff. On January 11, Trovan filed an appeal in the Ninth Circuit Court challenging an earlier ruling which overturned a record $143 million damages award to the company for infringement of its Trovan trade mark.
  • For copyright owners, news from Hank Barry, Napster´ s CEO, that there are more than 200 million multimedia PCs worldwide with the capacity to copy an MP3 file, and that Napster´ s software has been downloaded and installed 57 million times, will make grim reading. Except that is for copyright owners in France. French authorities are planning to put levies on the sales of computers and digital recording devices as a means of compensating musicians and film-makers against pirate copying. The taxes on recordable CDs, DVDs and mini-discs went into effect on January 22. A 420-minute recordable DVD faces a Ffr57.7 ($9) levy, most of which will go directly to the artists and producers.