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Today, the harmonization of the patent system in Europe is desirable. Thus, although Romania is not member either of the European Patent Convention or of the European Community, we consider the Community Patent as an opportunity for obtaining equal patentability conditions and patent protection for each European country.

European patents cannot be divided after grant. By contrast, national German patents can be divided during opposition and opposition appeal proceedings (Section 60 of the German Patent Act). The German Federal Court of Justice has considered the dividing of granted patents in a series of recent decisions and taken the following position.

Forget patents, trade marks and copyright.

Knobbe Martens Olson & Bear: the winning formula

Merger set to create world’s biggest IP firm

Governments move to stop profiteering from human genes

Apple triumphs in Japanese design battle

Registration of a trade mark in the Czech Republic is not conditioned by its compulsory use, but the Industrial Property Office of the Czech Republic shall in compliance with Section 25, subsection 1b cancel the trade mark from the register if in the course of proceedings initiated by a third party or ex officio it finds that the trade mark has not been used in the Czech Republic for at least five years prior to the initiation of the cancellation proceeding and its proprietor fails to present cogent reason for its non-use. Use of a trade mark by a third party based on an agreement is considered to be a proper use.

In a recent US decision (State Street v Signature Financial Corporation), business methods were found patentable in the USA. Under Australian legislation, however, a mere scheme or plan is not patentable.

Most South American countries are compliant with the TRIPs agreement and are tackling other IP issues.