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  • Patentability of embryonic stem cells in Europe has been a matter of debate for more than a decade. While the Enlarged Board of Appeal of the EPO ruled in G2/06 Wisconsin Alumni Research Foundation that on the basis of rule 28(c) of the EPC, which is based on the implementation of the Biotech Directive, a patent may not be granted for a product which at the filing date could be prepared exclusively by a method which necessarily involved the destruction of the human embryo, national courts in EU member states had more difficulties in coming to a clear conclusion on this issue.
  • The Malaysian Competition Act 2010 came into force on January 1 2012. It prohibits anti-competitive and abusive practices that would have an effect on competition in any market in Malaysia, irrespective of whether the commercial activity was carried out within or outside of Malaysia.
  • Are the two trade marks below confusingly similar? The Japan Patent Office (JPO) answered yes and invalidated the newest trade mark (top) owned by Crocodile International. It filed suit seeking cancellation of the JPO's decision. The IP High Court accepted Crocodile's arguments and rescinded the JPO's decision (on August 31 2010). The High Court's decision was made final by the Supreme Court. The case, and the arguments involved, provide some interesting points.
  • The Court of Appeal has granted an interim injunction to an online tax refunds service called NZ Tax Refunds, to prevent respondents from using the domain name www.taxrefundnz.co.nz and the trading name Tax Refund NZ. The appeal partially overturned an earlier decision of the High Court. In a separate and undisturbed finding, the High Court had granted an interim injunction in favour of NZ Tax Refunds to prevent use of the name NZ-Tax Refund and the domain name www.nz-taxrefund.co.nz.
  • The European Patent Office has released its 2012 statistics, which show that the number of new patent applications filed reached an all-time high of 257,744. This is an increase of more than 5% on 2011.
  • The patent prosecution highway (PPH) is a programme in which the applicant enjoys an expedited examination of his patent application, leading to a considerable reduction in the time taken to obtain its possible grant. The Mexican Intellectual Property Office (IMPI) has PPH pilot programmes with the Korean Intellectual Property Office (KIPO), SIPO in China and the Spanish Patent and Trademark Office (OEPM), and permanent PPH programmes with the USPTO and the Japanese Patent Office JPO.
  • In all the discussions, seminars, meetings and gossip about the EU unitary patent, one question keeps coming up: how much will it cost? And we are a long way from getting an answer
  • A survey of the largest IP practices in the US reveals rising compensation, but only at general-practice firms. And partners are having a hard time everywhere. Alli Pyrah explains who is hiring and what lawyers they need
  • David Bell and Will O’Neill explain how the legal concept of standing is becoming a central argument in high-profile social media litigation – and how to use it as a first line of defence in litigation
  • The Aereo decision may be a technically correct application of US copyright law, but the line drawn seems to be a distinction without a difference for all parties involved