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Many countries have made significant steps in improving and harmonizing their patent protection in the last year. James Nurton, Ingrid Hering and Ralph Cunningham ask the leading practitioners in 30 emerging markets about the latest trends

Interview: Anne Chasser Ingrid Hering interviews Anne Chasser, Commissioner for Trademarks at the US Patent and Trademark Office. Formerly the director of Trademarks and Licensing Services at Ohio State University, she has also served as president of the International Trademark Association and is a founder of the Association of Collegiate Licensing Administrators.

In Aptix Corp v Quickturn Design Systems, Inc (60 USPQ 2d 1705 (Fed Cir November 5 2001)), two members of a three-judge Federal Circuit panel held that a US patent remains "presumptively valid" and enforceable, despite the admitted blatantly fraudulent conduct of its inventor in seeking its enforcement before a federal district court. The decision is troublesome, because it overrules the contrary Federal Circuit ruling in Fraige v American National Watermattress Co (27 USPQ 2d 1149, 1151, n3 (Fed Cir 1993)) and repudiates a principle considered virtually axiomatic among US lawyers for many years ? that is, that fraud practised in connection with either acquiring or enforcing a patent renders the thus-tainted patent permanently unenforceable. Furthermore, it is difficult to see any legitimate public or private purpose that is served by pronouncing the patent presumptively valid and hence enforceable either by someone other than the original patentee or by the patentee at a later time and in the absence of the offending research notebooks.

A trade mark registration in Mexico is in full force for a term of 10 years from the filing date. After that time it is necessary to request renewal before the Mexican Institute of Industrial Property (IMPI). According to the Law of Industrial Property (LPI), to proceed with this action the corresponding trade mark must have been used in Mexico within the last three years. The question arises as to what can be done when a trade mark has not been used in that time and registration is due for renewal.

As the Gulf Cooperation Council’s patent system goes from strength to strength, Ralph Cunningham examines how patent owners are benefiting from improved protection and enforcement throughout the region

The approach of 2005 and TRIPs Agreement conformity has proved to be a great motivator in Asian jurisdictions. A flood of new patent legislation has entered the statute books. Some countries already comply with the agreement. Others have a bit more work to do, reports Ralph Cunningham

? China: The State Council unveiled a new statute on copyright protection of computer software on January 11. The new legislation, which runs to 33 articles, states that an individual software developer shall retain his copyright throughout his life and for 50 years after his death.

Ingrid Hering, London

Ralph Cunningham, Hong Kong

Slovakia is expected to join the EPC on July 1 2002. For this reason 2001 saw a lot of work in the field of IP rights, including the adoption and amendment of a Patents Act and a new Trade Marks Act which came into force on January 1 2002. Details of this will be discussed in a later issue of MIP. Industrial designs, which up until now have been governed by Act No 527/90, will be the subject of a new independent Act. The respective Bill is already under discussion and is expected to be passed in the first half of 2002. It is worth stressing that all amendments to Slovak legislation in the field of IP rights are in compliance with the EPC and that Slovakia has taken all the necessary steps to be well prepared for access to the EPC.