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In May 2003, when India's Patent Act was amended, a new Section 107A was introduced. This provided for a research exemption as an exception to the general rules of patent infringement. Commonly known as a Bolar provision, this research exemption enables a manufacturer of generic drugs to use a patented invention to obtain marketing approval without the patent owner's permission before the patent expires. The generic drug maker can then market their own version of the patented drug as soon as the patent expires.

Brand owners are developing ever-more innovative ways of distinguishing their products. But getting legal protection for new kinds of marks can present challenges. Emma Barraclough introduces a survey of seven Asian jurisdictions that asks the questions that IP owners need the answers to

Consumer groups argue that parallel trading leads to cheaper prices but trade mark owners say it jeopardizes their long-term relationships with both distributors and consumers. Peter Hallett of Griffith Hack explains what IP owners can do to stop the trade in Australia

Ben Moshinsky, London

IP owners should pick and choose from the range of enforcement options open to them in Australia to ensure their strategy is as effective as possible. Jim Dwyer and Miriam Stiel of Allens Arthur Robinson outline the choices

Stéphanie Bodoni, London

EPO Patent Information Conference 2005 / PATINNOVA,

On September 26 2005, China's State Administration of Industry and Commerce promulgated the new Trade Mark Review and Adjudication Rules. These will come into effect on October 26 2005. The rules were last amended three years ago in September 2002.

"The focus of this case is a very small animal, namely a mouse - to use a poet's description, a 'Wee, sleekit, cowrin, tim'rous beastie' (R Burns, "To a Mouse", 1785). In all other respects however, this case is not small." This is how the EPO's Technical Board of Appeal starts its reasons for the decision in the long-fought case on the validity of the European patent covering the Harvard oncomouse (T 315/03). The Board made the decision on July 6 2004, less than a year before the expiry of the patent in June 2005.

Under the revised PCT procedure, International Preliminary Reports on Patentability (IPRPs) are now issued for both Chapter I and Chapter II applications with filing dates on or after January 1 2004. Various amendments have also been made to the Singapore Patents Act to reflect this new PCT procedure.