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  • The standard applied by the Norwegian Patent Office has until recently been based on a requirement for "a reasonable technical difference" from a prior art document. This has been considered a stricter standard for novelty than at the EPO. The practice as regards the assessment of novelty in Norway has, however, followed the German Supreme Court.
  • In November 2010, the Indian Patent Office published the revised draft manual of patent practice and procedure, revising the draft manual 2008 – a version that remains a draft even today. In the revised manual, guidelines for the patentability of computer programs and related inventions have been revisited. Under the provision of Section 3(k) of the Patents Act, 1970, "mathematical or business methods or computer programs per se or algorithms" are not inventions and therefore, are unpatentable.
  • More and more technical information is available on the internet and it is increasingly used to challenge patentability. The probative value to be given to published literature, especially patent literature, is rather well established. Many case law and examination rules are also available regarding which standard of proof is to be used relative to public disclosure. Nevertheless, some guidelines were expected regarding information on the internet.
  • For applications filed after January 1 2011, the EPO will require applicants in certain circumstances to provide it with the results of earlier searches carried out by other offices. The changes are set out in new Rules 141 and 70b of the EPC.
  • The State Intellectual Property Office (SIPO) proposes to amend the Patent Licensing Contract Recordal Administrative Measures (2001). It submitted draft changes on November 19 2010 and invited comments from the public.
  • The Ethiopian Trademark Registration and Protection Proclamation (TRPP) was promulgated in 2006 and will replace the present system administered by the Ethiopian Intellectual Property Office (EIPO). Once implemented, TRPP will bring Ethiopia's trade mark law in line with other jurisdictions.
  • The UK's latest IP review will focus on how IP rights can help "drive economic growth", according to the man tasked with leading it.
  • eBay is not generally liable for trade mark infringements committed by its users, but can be held liable where there are persistent infringers. This was the conclusion of Advocate General Niilo Jääskinen in a detailed opinion published in December, which addressed 10 questions from the High Court in London in a dispute between eBay and L'Oréal.
  • A recent decision by the Malaysian Courts in Shachihata & 18 others v Registrar of Industrial Designs & Ors, has in effect made redundant a recent circular issued by the Industrial Designs Registration Office (IDRO). The circular followed the advice of the Attorney General's Chamber and stated that designs registered under the UK Registered Designs Act 1949 which continued to have effect in Malaysia by virtue of their registration prior to the coming into force of the Industrial Designs Act 1996 (the Malaysian Act) on September 1 1999 would not be allowed to be extended beyond three five-year terms in Malaysia.
  • Companies in Hong Kong should start preparing to balance the conflicting demands of IP and competition law, as a Competition Bill is likely to be passed in 2012, said speakers at a seminar last week