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  • Patent applications in biotechnology have grown dramatically in the past decade, throwing up many challenges and posing new problems for patent offices. Ingrid Hering speaks to examiners at the EPO and USPTO to find out how they are dealing with these issues
  • 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
  • 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.
  • The International Trademark Association (INTA) hosted a session at the WTO Doha Symposium in Geneva from April 29 to May 1 on the impact of the Doha Agreement on geographical indications (GIs). The session revealed a divergence between the EU and US. The EU proposes that GI protection should be available for all products; the US maintains that only wines and spirits should benefit.
  • 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.
  • Downloading free music in the form of MP3 files has been a point of discussion for a long time now. Only last year Napster, a file exchange program mainly used for music files, was closed down by a US judge. However, a Netherlands competitor to Napster, KaZaA, recently survived a controversial case against Buma/Stemra, the Netherlands agency for collecting copyrights.
  • Ownership rights could be reclaimed by thousands of musicians and writers in the US if the creator of the Captain America character is successful in his battle with Marvel Enterprises, the publishing company.