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The conditions for obtaining a patent registration in any country of the Andean Community are: novelty (not in the state of the art), inventive level (non-obviousness) and industrial application. Article 2 of Andean Decision 344 (enforceable in Venezuela, Peru, Bolivia, Ecuador and Colombia) sets out the conditions for novelty which have given rise to discussions in view of the lack of clarity of its writing.

For two decades, Canada has lagged behind its major trading partners in patenting higher life forms. Steve Garland and Kathy Lipic explain how this situation has changed, following a landmark Federal Court decision

Richard Taylor examines the European Commission's proposals for a Community patent, and offers predictions as to what the future holds for patenting and IP regulation in Europe

In a recent case, the English Court of Appeal looked again at the issue of the purposive construction of a patent (Wheatley & Anor v Drillsafe Ltd & Anors). Wheatley´ s patent claimed a centre-less hole cutter, which is a hole cutter with no central drill for forming a pilot hole. This is especially suitable for forming threaded holes in, for example, underground petrol tanks without the need to open the tanks. The defendants´ drill had a semi-penetrating retractable probe within the cutting tool to prevent the cutter from wandering. The defendants argued that this probe meant that the drill was a variant which fell outside the claims of the patent.

Politicians and regulators are responding to competition in the pharmaceutical industry by threatening patent rights. The consequence will be all out war between branded companies and generics. Tabitha Parker reports from the front line

A string of high-profile cases has raised the question of where the boundaries of trade mark protection should be drawn. In the first article in a series, a team of correspondents compare trade mark registrability in eight countries from China to Chile

John A Tessensohn and Shusaku Yamamoto explain the evolution of a trade mark dispute over the Starbucks logo, and examine the usefulness of Japan's Unfair Competition Prevention Law

With the sequencing of the human genome, the question of patenting genes has become front page news. To shed some light on the controversial topic, MIP assembled seven biotech specialists at Taylor Joynson Garrett's offices in London, with telephone and video-links to the US. The wide-ranging debate covered utility, ESTs, examination standards, the role of patents and ethical objections. Chuck Ludlam begins the discussion

At the conclusion of the Trilateral Technical Meeting Study, held in Tokyo in June, the Trilateral Offices ? the JPO, USPTO and EPO ? issued a Report on a Comparative Study Carried Out under Trilateral Project B3b with a "Consensus Summary ? Confirmed Current Practices on Business Method Related Inventions". The consensus on computer implemented business methods is:

The signing of the US-Vietnam trade agreement on July 13 has been met with more than a little scepticism by industry observers and local IP practitioners.