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Ben Moshinsky, London

Emma Barraclough, Hong Kong

According to Turkish Patent Decree Law, a patentee is obliged to put to use/work the invention under patent protection and file a certified document to the Turkish Patent Institute within three years from the date when the patent was granted. Otherwise any interested person may request that a compulsory licence be granted.

As a result of the exception provided by the European Patent Convention, before October 7 1992 Spain did not accept the patentability of chemical and pharmaceutical products. This is why European patents which claimed products had to include a special set of claims for Spain with only process claims.

Search and examination procedures in Singapore have been amended to bring them in line with changes in the Singapore Patents Act relating to patent applications with filing dates after July 1 2004. For PCT National Phase entry applications into Singapore, the effective filing date is the international filing date. Therefore, the majority of PCT National Phase entry applications now fall under the new law.

On February 3 2006 Law number 344/2005 regarding certain measures aimed at ensuring the observance of IP rights upon Customs clearance entered into force in Romania.

On January 25 2006, the Mexican Law of Industrial Property (LIP) was amended concerning the legal framework of franchises in Mexico to incorporate a new infringing cause based on the unauthorized use by a third party of the image of a product, best known as trade dress (Article 213 XXVI LIP).

The Malaysian courts recently handed down their decision in Hu Kin Ai & Anor v Liew Yew Thoong [2005] 6 AMR 363. The plaintiffs had been selling watches in Malaysia and internationally since 1994 and are the registered owners of the trade mark "Blansacar with Five Stars Device" in respect of watches. They sued the defendant for trade mark infringement and passing off. The first plaintiff had also applied to register the Chinese characters "Wu Xing Shang Jiang" (meaning Five Star General) in respect of watches.

Walter Maiwald and Volker Hamm explain how, thanks to changes in the courts and the EU enforcement directive, Germany has ceased to be a paradise for patent infringers and become an upholder of patent rights

Customs inspections are of primary importance in protecting IP rights in Europe. In fact, Customs authorities are responsible for 70% of all seizures of alleged infringing goods.