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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

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 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.

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

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

Two of Asia's biggest names in IP have joined together to form a new specialized practice in Singapore. IP law firm Ella Cheong & G Mirandah and patent and trade mark attorneys Spruson & Ferguson Pte Ltd, the Singapore branch of Australia's Spruson & Ferguson, will be launched formally on June 6. But the new firm, Ella Cheong Mirandah & Sprusons, is already open for business. The link between the two Singapore firms was announced during the AIPPI congress in Melbourne in the last week of March. It is expected that all staff from Sprusons's Singapore office and from Ella Cheong & G Mirandah will join the new set-up. Cheong is retiring as a partner of Wilkinson & Grist, the Hong Kong law firm, and will chair Ella Cheong Mirandah & Sprusons.

A recent High Court decision on copyright infringement has demonstrated the importance of distinguishing the author of a work from the rightful copyright owner of the work. As copyright is not registrable in many countries including Singapore, the locus standi to sue for copyright infringement does not stem from a simple registration certificate. It is always paramount to trace the copyright from the author of the work to the plaintiff in order to ensure that the latter has the requisite capacity to sue.

Has the European Court of Justice given the green light to parallel imports into Europe? Tesco says yes; Levi’s says no. Many lawyers say it is a bit more complicated than that. Tabitha Parker reports

Recent changes to patent law and PTO prosecution in the US make prosecution a much more complex matter. Gregory J Maier and Philippe Signore take a close look at the reforms