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ECJ to examine torpedoes

Boom outstrips PTO

The European Commission’s Directive and Regulation on Community trade marks were designed to provide a level field for brand owners in Europe.

Enzo Biochem Inc v Calgene Inc, 52 USPQ2d 1129 (Fed Cir September 24 1999), is a case which illustrates that the patent practitioner´ s well-nigh intuitive impetus to obtain the broadest possible patent claims should at times be checked. The Court found invalid for non-compliance of the accompanying disclosure with 35 USC §112, ¶1 broad claims covering the application of so-called antisense process technology to both prokaryotic and eukaryotic cells and the resulting modified cells. (Eukaryotic cells are those from complex life forms, including plants, animals and fungi; prokaryotic cells are from simple, including unicellular, life forms, eg the common bacterium, E.coli, is a prokaryotic.)

Innovation has been neglected ever since perestroika started in Russia in 1985. The blow had such an effect that innovation activities have not regained their former strength to this day. It is true that basic things have been done. After the emergence of private enterprise, the Law on Inventions was adopted in 1991 in the USSR and after its collapse, the then Russian law makers were surprisingly quick to pass a Patent Law in 1992.

Most EU countries have the experimental use exemption corresponding to Article 27(b) CPC in their patent acts. It states that: "The right conferred by the Community patent does not cover acts done for experimental purposes relating to the subject matter of the patented invention.

Singapore is the latest state to adapt its copyright law to improve protection for digital works.

Pirates beware

Organizations from retailers to charities are continually looking for new ways to exploit their brands.

The Philippines is about to get its first taste of domain name litigation. On September 27, the Philippine Long Distance Telephone Company (PLDT) sued Gerry Kaimo and the Philippine League for Democratic Communications (PLDTI) to secure ownership of the pldt.com domain name