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A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world's first recorded patent in 1449

In Grant v Commissioner of Patents [2005] FCA 1100, the Australian Federal Court recently considered an appeal from the Commissioner's decision to revoke an innovation patent that dealt with a trust arrangement designed to protect an asset, presumably against the lawful claims of the owner's creditors.

As competition continues to grow in the fast-paced market of IP rights, the understanding and analysis of patent information is playing an increasingly important role in driving business strategy for corporations and IP firms alike. Across the board, clients are demanding greater explanation of, and insight into, how their IP rights fit in with their business strategy. Patent agents must extend their offerings or risk losing clients to more clued-up competitors.

Australia has a transparent and fair court system that is generally sympathetic to IP owners who believe their rights have been infringed, say John Collins and Wayne Condon of Clayton Utz

Stéphanie Bodoni, Cannes

The Intellectual Property Office (IPOPhil) and the EC-ASEAN Cooperation Programme (ECAP II) held a five-day Patent Application Drafting and Prosecution seminar from October 10 to 15, which was conducted by Karl Rackette, a European and German patent attorney. At the seminar, IPOPhil distributed a draft regulation aimed at introducing a qualifying examination for patent agents. At the moment, there is no formal patent attorney or patent agent profession in the Philippines. Patent applications are handled by lawyers with assistance from people with technical knowledge, many of whom are former IPOPhil patent examiners. The objective of the proposed regulation is to develop a patent agent profession in the country. The main points of the proposal are as follows:

The revised Patent Act, which has significantly amended Korea's compulsory licensing system, will come into force on December 1 2005. The Presidential Decree, which regulates the details of the revised Act has been made public and will also take effect on the same date.

As IP owners enter into more and more cross-border licensing deals, they must be increasingly vigilant to the legal traps that await the unwary. Rodney De Boos and Jeff Bergmann of Davies Collison Cave explain how to negotiate Australia's legal landscape

Kathryn Harrison of Watermark explains how IP owners can maximize their chances of getting their trade marks registered in Australia and outlines the most effective strategies for handling objections

Australia has a range of remedies available for IP owners who want to stop the trafficking of products that infringe their trade marks and copyright at the border. Melissa Preston and Thai Loi of Shelston IP provide a guide to the rules