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  • 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.
  • 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.
  • 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
  • The Supreme Court in New Delhi has laid down guidelines to avoid the registration of deceptively similar trade marks. Saying there should be the maximum possible number of indicators to distinguish two medicinal products, the Court has drawn up a broad seven-point set of rules on the registration of trade marks for medicines.
  • To a packed courtroom on Thursday April 19, 39 drug companies agreed to drop their lawsuit against the South African government.
  • Jeremy Phillips looks again at the function of trade marks in the light of three cases which are heading towards the ECJ
  • A recent High Court decision on copyright infringement has demonstrated the importance of distinguishing the author of a work from the rightful copyright owner of the work. As copyright is not registrable in many countries including Singapore, the locus standi to sue for copyright infringement does not stem from a simple registration certificate. It is always paramount to trace the copyright from the author of the work to the plaintiff in order to ensure that the latter has the requisite capacity to sue.
  • Has the European Court of Justice given the green light to parallel imports into Europe? Tesco says yes; Levi’s says no. Many lawyers say it is a bit more complicated than that. Tabitha Parker reports