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ECJ to examine torpedoes

A guide to registration practice across 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.)

Singapore is often referred to as a food paradise. Given the plethora of cuisines and gastronomical delights, it is not surprising to encounter litigation in the food industry. But this year seems to yield a bumper crop of food-related trade mark disputes. This article provides a short summary of three of these cases, the brands of which may be familiar to some: Kelloggs Smacks for snacks; Kickapoo for soft drinks; and Rainforest Café for restaurants.

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.

José Carlos Erdozain of Gomez-Acebo & Pombo in Madrid offers a Spanish perspective on how the law is coping with the Internet revolution

The EU Copyright Directive and the E-Commerce Directive contradict each other on the question of ISP liability, argue Mark Owen and Richard Penfold of Harbottle & Lewis in London

Drew & Napier look at how effective a weapon trade mark law is for doing battle in cyberspace

The use of the Internet in Romania is still in its infancy. So is the legal structure for registering domain names. Daniel Plosca and Lucien Enescu, of Rominvent in Bucharest, look at existing structures and explains what action businesses should take.

Alexander Vogele, Partner, Andreas Grohn and Michael Pinkus, Attorney at KPMG Frankfurt look at e-commerce and permanent establishments, and the economic connection between them.