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After several aborted attempts at legislation and a WTO hearing last year, India is now rushing through laws to overhaul its IP protection and comply with TRIPs.

As an outgrowth of the rule of Markman v Westview Instruments, Inc, 517 US 380 (1996) in which the US Supreme Court unanimously affirmed an en banc majority ruling of the US Court of Appeals for the Federal Circuit that patent claim construction is an issue of law for the court to determine, the US District Court for the Southern District of New York, on November 8 1999 in TMPatents LP v International Business Machines Corp (53 USPQ 2d 1093, 1096-1104) ruled that a patentee whose patent claims were construed by a court in an earlier litigation is collaterally estopped to challenge that construction in a later suit involving the same patent. The ruling is one of first impression and has not yet been addressed by the Federal Circuit itself.

The variety patent is granted according to the Romanian law if the following criteria are met by the new plant variety: novelty, distinctiveness, homogeneity and stability.

In Poland, utility models are distinguished as separate subjects of industrial property from inventions. Pursuant to the statutory definition, utility models are new and useful solutions of a technical character concerning the shape, structure or configuration of an object having a solid form. A utility model, like an invention, is considered new if it is not a part of the state of art, which means it has not been made available to the public before the date determining the priority to exclusive right (protection). However, unlike patentable inventions a utility model does not have to meet the grounds of non-obviousness (invention level). Therefore protection can be granted to a utility model despite the fact that for a qualified person it is obvious that the model originates from prior art.

The Finnish Supreme Administrative Court has issued a decision in a case where the applicant for a patent had in 1997, by virtue of Article 27 and Article 70 (7) of the TRIPs Agreement, amended the claims of an international patent application filed in 1993 to cover product protection for pharmaceuticals.

Genentech's settlement with the University of California has just cost the San Francisco company a cool $200 million

USPTO demands review of Y2K

UK & Netherlands: European law firm Eversheds and leading Netherlands practice Boekel De Nerée merged on January 1 2000. The new firm combines Boekel De Nerée's 250 staff and Eversheds' 3,300 staff.

The rapid expansion of e-commerce is forcing countries to look again at how to regulate trade and intellectual property. By Fernando Becerril of Becerril, Coca & Becerril, Mexico City

Trade mark dilution is an ever-expanding concept in the US.