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  • The world’s three biggest patent systems and WIPO are leading the march towards international cooperation.
  • Forget patents, trade marks and copyright.
  • Microsoft has reacted angrily to claims that it stole the technology used in its Expedia travel booking service. The allegations come in a suit by internet travel booking company priceline.com.
  • Adopting marks consisting of a slogan is becoming more frequent every day. These types of trade mark which we call slogan-marks are admissible in Italy on the condition that they possess the requisites provided for by the Italian Trade Mark Law for registration (a trade mark has to b distinctive and not deceptive, etc).
  • The new generic top level domains are finally becoming available to domain name registrants. The first new domains available will be .biz and .info. .biz is trialling a unique service that enables trade mark owners to pay a fee to stake claims to domain names without registering them. The service, operated by NeuLevel, came into operation on May 19 and the notification period lasts until July 9. It enables potential registrants to be warned if their preferred domain name infringes any prior claimed rights, as well as warning those who have staked a claim if anyone else tries to register the same words. After July 9, .biz applications can be made and the .biz sites will be operational on October 1.
  • It is an established principle applied by the European and German patent authorities that, under certain circumstances, functional features may be used for the characterization of subject matter in patent claims (see eg EPO in T 68/85; German Federal Supreme Court in "Trioxan"). Functional features have always been essential for obtaining meaningful protection for biotechnological inventions. Recently, an increasing trend towards a more general use of this type of feature for obtaining broad patent protection can be observed, specifically where patent protection for pharmaceutical compounds and medical uses is sought. Applicants should, however, be aware of the requirements to be met for the successful use of functional features in patent claims.
  • In Court, Legislation, Moves
  • Four years after Australia first allowed the filing of novel trade marks, Bill Bennett reviews the state of play in relation to shape and colour registrations
  • Famous Trade Marks - Strange pilgrims
  • The European Patent Office has admitted that a patent for altering cells and human embryos was granted to Edinburgh University “by mistake”.