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  • The trend to harmonize intellectual property laws in Europe continues with the introduction of a proposed Directive on computer-implemented inventions; if the Directive is adopted in its current form it may mean Europe provides less patent protection for software than is currently available in the US, argues Michael Molineaux of Haarmann Hemmelrath in London
  • Petja Papula of Papula Oy in Helsinki assesses the success of the Eurasian patent system and the amendments that have been implemented since it was introduced in 1995
  • In a recent case, the ECJ affirmed that parallel importers can repackage pharmaceutical products for resale in the EU – but the court gave no guidance on how repackaging should be undertaken. Hiroshi Sheraton examines the decision
  • Faced with an unauthorized use of his photograph, motor racing driver Eddie Irvine tried to enforce his personality rights in court. David Rose examines what the decision reveals about the English courts’ attitude to character rights
  • The doctrine of equivalents and the rule of prosecution history estoppel are settled law. The responsibility for changing them rests with Congress. Fundamental alterations in these rules risk destroying the legitimate expectations of inventors in their property
  • A new law introduced major changes affecting all IP rights last year. Andrzej Pyrza of Patpol Ltd in Warsaw explains that the changes bring Poland closer to EU harmonization
  • For some time there has been uncertainty about the Czech Republic joining the EPC and the date that this might happen (see previous International Briefings). However, accession to the EPC has recently been approved by the Czech parliament and the proposed date, July 1 2002, confirmed. Consequently, on this date Part 3 of the Czech Patents Act No 527/1990 as amended by Act 116/2000, regulating proceeding of the European Patent Applications will come into effect.
  • New industrial property regulations in Poland give the Supreme Administrative Court control over the legality of decisions issued by the Polish Patent Office. The new rules that came into force on August 22 last year overturn more than 60 years of administrative procedure where control was limited to extraordinary appeals against final sentences which could be filed only by administrative boards in clearly defined special situations. These appeals were examined by judges of the Chamber of Administration Labour and Social Insurance at the Supreme Court and until last August the Supreme Administrative Court (which was set up in 1980), did not examine any matters related to industrial property. Under Polish constitutional law the Supreme Administrative Court along with the Supreme Court, the Constitutional Tribunal and the Tribunal of State is the highest court in Poland.
  • The EU Biotechnology Directive (98/44/EC) was controversial in the making and remains so. The member states of the EU had until July 31 2000 to transpose the Biotechnology Directive into their national legal systems. So far only five of them have done so.