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  • In three rare decisions on patent law, the Supreme Court of Canada has clarified controversial questions about the date of construction and claim language. James D Kokonis QC, Dennis SK Leung and Colin B Ingram explain
  • First you lose $20 million. Then you get it back. Then you lose it again. That is the scenario facing an Indianapolis company, Biomet, which makes orthopedic products.
  • As harmonization of registration procedures looms, Latin American practitioners are taking a fundamental look at their practices. Their first challenge is to stop copyright piracy from spiralling out of control. James Nurton reports
  • Eastern Europe is an unfortunate bridge between pirates to the east and markets to the west. Tabitha Parker finds that this is making enforcement difficult
  • AUSTRALIA: The Australian government is due to announce that the country will accede to the Madrid Protocol in March 2001. The Protocol will then be implemented in June or July 2001. Submissions were tabled in Parliament in October 2000, and a decision is due before the end of February. Once the Protocol is implemented, both international and domestic applications will have a first report published within 18 months. The Trade Mark Office is now recruiting more examiners to improve its service. COSTA RICA: The Legislative Assembly has adopted eight laws relating to intellectual property, including laws on enforcement of IP rights, trade marks, copyright, layout designs and integrated circuits and approval of the two WIPO Copyright treaties of December 1999, as well as the PCT. COLOMBIA: The Patent Cooperation Treaty came into effect in Colombia on February 28. Consequently, any PCT applications filed after that date can include Colombia (code CO) as a designation. KOREA: The Trade Mark Law has been amended and will come into effect on July 1 2001. The law includes amendments to join the Madrid Protocol. Korea is likely to ratify the Protocol by the early 2002. SPAIN: A new law on Civil Procedure came into force on January 8 2001. It aims to make cases more efficient and rapid, and covers intellectual property and unfair competition actions, but does not supersede the Patent Law. The new law governs matters such as evidence, witnesses, documentation and litigation procedure. TAIWAN: The Legislative Yuan is considering amendments to the Trade Mark Law in preparation for joining the World Trade Organization. The new law will be compatible with the Law of Administrative Proceedings; substantive examination of trade marks will be abolished; and border control measures will be introduced. The amendments should be enacted before the end of this year.
  • For many emerging markets, piracy and inefficiency remain overwhelming. But some countries are beginning to turn the corner. MIP writers reveal the results of our fifth annual survey
  • Four years into the Community Trade Mark, the number of decisions is escalating. David H Tatham reviews the most important cases of the past year
  • In three crucial areas, the UK is under pressure to adapt its traditional trade mark practice to European standards. Lee Curtis argues that such harmonization is a culmination of the changes introduced in the 1994 Trade Marks Act
  • The European parliament has finally approved the Copyright Directive. The Directive aims to harmonize protection for copyright protected works and update European copyright law for the internet age. It should now be implemented in each member state within the next 18 months.