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The Harvard oncomouse drew world attention to the issue of patentability of life forms. Pierre-André Dubois and Kate McCallie explore the divergent approaches of patent authorities in the US, Canada and the EU

Improved trade mark legislation and a concentrated effort from rights owners are achieving results against counterfeiting in China. The hope is now the Chinese leadership will take a direct role in the campaign, reports Ralph Cunningham

Ralph Cunningham, Hong Kong

A local farmer's appeal to Canada's Supreme Court in a case involving agribusiness leader Monsanto could set the limits of patent holders' rights. Sam Mamudi examines the dispute

Readers of this column will recall that we published an article last year indicating that the French government was studying a proposed revision of the 'Lois sur la bioéthique'. The draft bill contained an article 12bis, which unambiguously indicated that "the sequence or partial sequence of a gene is not patentable". If adopted, the French law would have been in complete contradiction with the EU Biotechnology Directive (Directive 44/98/CE).

The act of using a registered trade mark for the designated goods of that registered trade mark usually constitutes an act of infringement when performed by a third party with no direct rights thereto. Such acts are naturally subject to injunction and damage compensation. However, the case is not so clear-cut in the situation where the third party is importing trade marked goods which are genuine articles manufactured by one having the right to use the trade mark and legitimately purchased in another country (so-called parallel importation). In 1970, the Osaka District Court made it clear that parallel importation of trade marked goods may, in some circumstances, not constitute infringement. Similar decisions have since been issued by other lower courts.

The University of Hong Kong (HKU) is one of a number of research institutes from around the world that has filed a US patent application for the genetic sequence of the SARS (Severe Acute Respiratory Syndrome) virus.

Sam Mamudi, New York

Korea has become the 57th country to join the Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid Protocol) by depositing an instrument of ratification of the Protocol with the WIPO on January 10 2003. As of April 11 2003, three months after the instrument of ratification was deposited with the WIPO, the Madrid Protocol entered into force in Korea. Upon joining the Madrid Protocol, obtainment of a trade mark registration in Korea for foreign applicants is possible in two ways. An applicant can designate Korea as one of the target countries in his international application. Otherwise, he can file a separate national application to the Korean Intellectual Property Office (KIPO).

Of mice and men