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  • Pictured are some of the guests at the MIP and Questel Orbit four elements reception at the San Francisco Design Centre during the INTA Conference on May 6. The photos show members of MIP and Questel Orbit as well as representatives of firms receiving awards
  • It is an established principle applied by the European and German patent authorities that, under certain circumstances, functional features may be used for the characterization of subject matter in patent claims (see eg EPO in T 68/85; German Federal Supreme Court in "Trioxan"). Functional features have always been essential for obtaining meaningful protection for biotechnological inventions. Recently, an increasing trend towards a more general use of this type of feature for obtaining broad patent protection can be observed, specifically where patent protection for pharmaceutical compounds and medical uses is sought. Applicants should, however, be aware of the requirements to be met for the successful use of functional features in patent claims.
  • James G Conley and John J Szobocsan ask how IP owners can achieve sustainable competitive advantage through protected differentiation. Or, in other words, why am I in this long line to buy a Snow White video – a film first released in 1937?
  • A global campaign to overturn a US patent on basmati rice has scored a major victory with the announcement that the US Patent and Trademark Office (USPTO) has thrown out 13 of 16 remaining claims from US-based RiceTec's controversial patent. John J Doll, the director of biotechnology examination at the USPTO, himself examined and rejected 13 claims from the patent. He judged that the rice lines, plants and grains that the company claimed in the application were prior art or substantially identical to basmati varieties grown in India and Pakistan, and hence could not be patented.
  • The UK domain name registry, Nominet, is amending its dispute resolution process. Sarah Harrington examines the proposals and reveals why they may cause concern to brand owners
  • Two of Asia's biggest names in IP have joined together to form a new specialized practice in Singapore. IP law firm Ella Cheong & G Mirandah and patent and trade mark attorneys Spruson & Ferguson Pte Ltd, the Singapore branch of Australia's Spruson & Ferguson, will be launched formally on June 6. But the new firm, Ella Cheong Mirandah & Sprusons, is already open for business. The link between the two Singapore firms was announced during the AIPPI congress in Melbourne in the last week of March. It is expected that all staff from Sprusons's Singapore office and from Ella Cheong & G Mirandah will join the new set-up. Cheong is retiring as a partner of Wilkinson & Grist, the Hong Kong law firm, and will chair Ella Cheong Mirandah & Sprusons.
  • Three years after the European Database Directive came into force, protection is being tested in the courts. Georgie Taylor examines the lessons from recent cases
  • Jane Mutimear, Bird & Bird, London, Vice president of the Intellectual Property Constituency of ICANN
  • CANADA: Percy Schmeiser, a 70-year old farmer, lost a patent infringement suit against Monsanto Canada. Monsanto claimed Schmeiser infringed the GM Canola patent by growing and selling crops from seeds blown into his garden. UK: A British court ruled in favour of Amgen in its patent infringement suit against Roche Holding and Transkaryotic Therapies (TKT). Roche and TKT were held to infringe the Epogen patents in the UK. US: Fruit of the Loom is accusing competitor Gildan Activewear of stealing trade secrets. Fruit of the Loom alleges that former manager Elizabeth Walton passed critical documents to her ex-employer David Cherry. US: Jupiter Media Metrix reached a settlement in its patent infringement suit forcing PC Data out of the business of tracking internet usage. Jupiter also filed suits against two other competitors, NetValue and NetRatings, for patent infringement. Jupiter was represented by Daniel R Harris of Brobeck, Phleger & Harrison. US: Monsanto and Aventis Crop Science settled two lawsuits against each other and agreed to avoid patent roadblocks to the development of genetically improved cotton varieties. Part of the settlement includes cross-licensing under existing cotton transformation patents. US: Pfizer filed a trade mark suit against Lara Williams for using the name Niagara for a fizzy drink. Pfizer contends Niagara is being promoted as Viagra for women. US: Pharmacia filed a trade mark suit against Alcon Laboratories for selling a competing drug with a similar name. Pharmacia allege their drug Xalatan has been harmed by Alcon naming its glaucoma drug Travatan. US: PrimeTime 24 Joint Venture lost its Supreme Court appeal against the National Football League to transmit NFL games to customers in Canada. PrimeTime argued that federal copyright law did not apply outside the US, but the Court held the company's actions violated NFL's copyright. US: Savin Corporation won its preliminary injunction against Main Street Copier & Fax Repair, who operated websites under domain names, incorporating trade names owned by Savin. Savin was represented by David A Einhorn, Andrea Pincus and James M Andriola of Anderson Kill & Olick. US: SunTrust Bank won its suit against Alice Randall for copyright infringement, over her book The Wind Done Gone. SunTrust bank accused Randall of infringing the copyright of the classic novel Gone with the Wind. US: Twelve major Hollywood studios won their case against RecordTV.com, which must pay the studios $50,000 (£35,714) in legal costs. Robert Schwartz of O'Melveny & Myers in Los Angeles represented the studios.
  • On April 2, technology standard-makers voted against adding copy-protection support directly into computer hardware, a controversial proposal aiming to smooth adoption of strong anti-piracy safeguards. The vote was closely watched by hardware makers, Hollywood studios and record labels as well as free speech advocates as a signal of how much control the content and computer industries would have over consumers' use of home PCs.