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  • The Argentine Customs Authority has recently issued Resolution 2216 by which a new Registry of Intellectual Property Rights is created within Customs. Trade mark owners will now be able to register their trade marks at Customs and receive notice of any imports or exports of goods marked with those trade marks.
  • Peter Ollier, Hong Kong
  • The Chinese authorities have increased their efforts to recognize and protect both domestic and foreign well-known trade marks during the past year. Cedric Lam and Janet Wong of Dorsey & Whitney examine recent developments
  • If IP owners want to maximize their chances of having an application for a biotech or chemical invention granted in China, they need to pay careful attention to their test data, says Amy Feng of Liu Shen & Associates
  • Bai Gang of Wan Hui Da IP Agency and Paul Ranjard of UNIFAB say that IP owners have a duty to try every means of enforcement provided under Chinese law
  • Qingfa Meng and Bin Zhang of CCPIT explain how IP owners can make the most of Customs and the AIC in their trade mark enforcement strategies
  • Pending before the Philippine Congress and certified as urgent by President Gloria Macapagal Arroyo are two bills or proposed laws: House Bill No. 6035 and Senate Bill No. 2263. Both have the objective of providing cheaper medicines, and are expected to be approved in the coming session of the Congress in June 2007. One common subject matter tackled in these bills is the amendment of Section 74 of the Intellectual Property Code (IP Code, RA 8293) referring to compulsory licensing of a patented invention by the government. Under RA 8293, the use by the government or a third person authorized by the government may be done without the agreement of the patent owner in two instances. First, if there is a public interest requirement, or secondly, if a judicial or administrative body has determined that the exploitation by the patent owner is anti-competitive, but subject to compulsory licensing. The terms and conditions of the licence are determined by the Bureau of Legal Affairs of the Intellectual Property Office in an action for compulsory licensing.
  • Section IV of article 90 of the Mexican Law of Industrial Property (IPL) establishes an absolute ground for refusal based on the descriptiveness of the mark. This provision prohibits the registration of descriptive names, figures and three-dimensional forms. However, it also contains an exception in that all the elements and characteristics of the mark should be "considered as a whole".
  • Search warrants are enshrined in the Constitution of The Philippines. Editha R Hechanova reviews recent Supreme Court case law on search and seizure orders and search warrants, and examines the lessons for IP owners
  • Ankit Prakash of Anand and Anand in New Delhi looks at the evolution of brand management and considers the impact it has had on business in India. He also reviews recent cases where trade mark rights have been upheld