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The scope of the experimental use exemption is a vital issue for both research-based and generic pharmaceutical companies. Ina Schreiber and Cyra Nargolwalla of Cabinet Plasseraud examine attempts to harmonize the law in Europe, and compare practice in France, Germany and the UK

According to Section 10(1) of the German Patent Act, a patent has the effect that any third party that does not have the consent of the patentee is prevented from offering or supplying a component relating to an essential element of the invention. According to the recent Flügelrad decision of the German Supreme Court (X ZR 48/03 dated May 4 2004), in assessing what is an essential element of the invention, only components that have a functional interaction with other elements of the patented device can infringe the patent.

Fabrizio Miazzetto examines the issues litigants should consider when bringing proceedings before the new CTM and CD courts in Alicante and discusses the opportunities for rights owners to forum shop in Europe

Patent leader IBM has said that it will provide open access to 500 of its patents to anyone working in the field of open source software.

Emma Barraclough, Hong Kong

Singapore is due to accede to the Geneva Act (1999) of the Hague Agreement during the first half of 2005, in line with the Registered Designs (Amendment) Act 2004 which came into force on January 1 2005. This will allow Singapore to meet its obligations under the European Free Trade Association-Singapore Free Trade Agreement (ESFTA).

The US Supreme Court’s recent trade mark ruling has broadened the scope of fair use defences that can be used by alleged infringers. But, says Jonathan Moskin, the ruling’s cautious logic also raises questions for trade mark owners to consider

With Vietnam discussing membership of the WTO, the government is already improving the country’s IP regime. Thomas Treutler provides a guide to enforcing IP rights in one of Asia’s fastest growing economies

A recently reported Malaysian High Court decision has demonstrated that the country's courts will make a determination based on the judge's visual impression rather than deferring to the opinion of witnesses on the issue of novelty in designs.

India introduced a product patent regime to meet its TRIPs deadline by promulgating the Patents Ordinance 2004 on December 26. The Ordinance came into force on January 1. This measure, albeit temporary, reflects the government's resolve to meet its WTO obligations. The Indian constitution provides that an Ordinance expires six weeks after Parliament reconvenes, giving it an effective life span of six months. The government now has the unenviable task of facing opposition parties in its efforts to substitute the Ordinance with an Act.