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A global campaign to overturn a US patent on basmati rice has scored a major victory with the announcement that the US Patent and Trademark Office (USPTO) has thrown out 13 of 16 remaining claims from US-based RiceTec's controversial patent. John J Doll, the director of biotechnology examination at the USPTO, himself examined and rejected 13 claims from the patent. He judged that the rice lines, plants and grains that the company claimed in the application were prior art or substantially identical to basmati varieties grown in India and Pakistan, and hence could not be patented.

In three rare decisions on patent law, the Supreme Court of Canada has clarified controversial questions about the date of construction and claim language. James D Kokonis QC, Dennis SK Leung and Colin B Ingram explain

A UK court has upheld freedom of expression over privacy in the high profile case of supermodel Naomi Campbell, which interpreted the Data Protection Act for the first time.

Pursuant to the Mexican Law of Industrial Property, the owner or an authorized licensee of a registered mark must use that mark in commerce. If the mark is not used within a three year period, although it will remain in full force until its renewal time, it will be also contestable, and in consequence any interested third party could file a cancellation action against it on non-use basis.

Over half of UK companies have no system in place to protect intellectual property, according to a survey conducted by UK firm Marks & Clerk. The survey canvassed 203 companies in four sectors ? pharmaceutical, technology, engineering and financial. The survey revealed that 77% of companies believe they should protect their IP, but only 49% have a system in place to identify when they need to seek patent protection, and only 30% carry out regular IP audits.

There is in every contract of employment an implied term to maintain confidentiality of information and trade secrets belonging to the employer. This duty stems from the notion of faithful service or fidelity owed both during employment and after that employment has terminated. The duty imposed by the contract of employment during the term of employment on an employee is not to put his or her interests in conflict with those of the employer.

Throughout the emerging markets, software piracy remains one of the biggest problems. The Business Software Alliance is at the forefront of tackling it. Two members reveal their experience to MIP

The issue of groundless threats of infringement under section 77 of the Patents Act was considered in Singapore in Flexon (Pte) Ltd v Bean Innovation Pte Ltd and Tan Mui Teck [2001] SLR 24. Although the case concerned a patent matter, it is relevant for copyright and trade mark cases as the respective acts also contain similar provisions on groundless threats.

The Federal Patent Court recently acknowledged the principal registrability of a new kind of trade mark, a so-called "positioning mark" (see for instance BPatG 28W (pat) 66/99 Positionierungsmarke). With this new kind of trade mark, signs such as single letters or exclamation marks, which are otherwise considered not to be registrable, may be registered, if the following minimum requirements are fulfilled: The sign appears on a specific part of the product, eg a jeans pocket or the flank of a tennis shoe. It appears always at the same place of said part of the product. It appears in a constant size (absolute or relative to the size of the goods). It exhibits a particular colour contrast with respect to the goods labelled with the positioning mark. Therefore, in an application for a positioning mark the definition of the carrier (the goods onto which the label is affixed), the position of the sign on the carrier as well as its size of must be given. It is further advisable to give a short description of the mark.

Antti Papula and Perja Papula of Nevinpat in Helsinki explain that Russian patent practice differs from that of Europe. This is particularly true for claims relating to chemical and medical compounds