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  • A long-awaited and far-reaching new Civil Procedure Act came into force in Spain on January 8 2001, which will have a profound effect on all civil proceedings, including IP actions. Gonzalo Ulloa and Ralph Smith reveal the main changes
  • Hong Kong's high profile anti-piracy legislation is to be partly suspended less than a month after it came into effect. The Hong Kong administration is to enact the Copyright (Suspension of Amendments) Ordinance, which will put parts of its anti-piracy legislation on hold after protests from the public and industry. The administration's much-lauded Intellectual Property (Miscellaneous Amendments) Ordinance to combat copyright infringement came into effect on April 1. The highly-publicized legislation aimed to make criminally liable anyone who possessed pirated copies of copyrighted works in the course of, or in connection with, any trade or business.
  • A new set of amendments to the Patent Law of the People’s Republic of China will enter into force in July 2001. Elizabeth Chien-Hale examines the revisions to the compulsory licensing provisions
  • Pursuant to the binding Law on Trade Marks, one trade mark application can relate to one trade mark only. A trade mark can be registered in respect of an unlimited number of goods and services. In the case of colour trade marks, an application can relate to only one combination of colours.
  • CANADA: Percy Schmeiser, a 70-year old farmer, lost a patent infringement suit against Monsanto Canada. Monsanto claimed Schmeiser infringed the GM Canola patent by growing and selling crops from seeds blown into his garden. UK: A British court ruled in favour of Amgen in its patent infringement suit against Roche Holding and Transkaryotic Therapies (TKT). Roche and TKT were held to infringe the Epogen patents in the UK. US: Fruit of the Loom is accusing competitor Gildan Activewear of stealing trade secrets. Fruit of the Loom alleges that former manager Elizabeth Walton passed critical documents to her ex-employer David Cherry. US: Jupiter Media Metrix reached a settlement in its patent infringement suit forcing PC Data out of the business of tracking internet usage. Jupiter also filed suits against two other competitors, NetValue and NetRatings, for patent infringement. Jupiter was represented by Daniel R Harris of Brobeck, Phleger & Harrison. US: Monsanto and Aventis Crop Science settled two lawsuits against each other and agreed to avoid patent roadblocks to the development of genetically improved cotton varieties. Part of the settlement includes cross-licensing under existing cotton transformation patents. US: Pfizer filed a trade mark suit against Lara Williams for using the name Niagara for a fizzy drink. Pfizer contends Niagara is being promoted as Viagra for women. US: Pharmacia filed a trade mark suit against Alcon Laboratories for selling a competing drug with a similar name. Pharmacia allege their drug Xalatan has been harmed by Alcon naming its glaucoma drug Travatan. US: PrimeTime 24 Joint Venture lost its Supreme Court appeal against the National Football League to transmit NFL games to customers in Canada. PrimeTime argued that federal copyright law did not apply outside the US, but the Court held the company's actions violated NFL's copyright. US: Savin Corporation won its preliminary injunction against Main Street Copier & Fax Repair, who operated websites under domain names, incorporating trade names owned by Savin. Savin was represented by David A Einhorn, Andrea Pincus and James M Andriola of Anderson Kill & Olick. US: SunTrust Bank won its suit against Alice Randall for copyright infringement, over her book The Wind Done Gone. SunTrust bank accused Randall of infringing the copyright of the classic novel Gone with the Wind. US: Twelve major Hollywood studios won their case against RecordTV.com, which must pay the studios $50,000 (£35,714) in legal costs. Robert Schwartz of O'Melveny & Myers in Los Angeles represented the studios.
  • Plant variety protection is conferred in Romania by Law No 255/1998, which is in accordance with the Convention of New Varieties of Plants (UPOV), the 1991 Act. The plant breeders' right is an exclusive right to exploit the variety granted to the breeder of a new plant variety.
  • One of the world's most valuable domain names has just got more expensive ? $65 million more. On April 3, a Californian court awarded $65 million to Gary Kremen, who originally registered the sex.com domain name in 1994.
  • There is no international exhaustion in Germany. But the law on parallel imports is complicated and remains controversial. Johann Pitz examines how the courts have treated patent, trade mark and other disputes
  • Ingrid Hering, London