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  • New Zealand is the latest in a line of countries to introduce specific legislation to counter ambush marketing in major sporting tournaments. Trevor Mallard, minister for economic development and sport, explains his plans
  • As technology continues to develop at an exponential rate, legislators are struggling to balance the rights of copyright owners and consumers, say Andrew Stewart and Cameron Harvey of Deacons
  • James Nurton, London and Shahnaz Mahmud, New York
  • Companies not domiciled in the United States that own US trade mark registrations often face difficulties in enforcing their US trade mark rights against the importation of grey market products bearing their registered US trade marks. Difficulties may be encountered because certain protection afforded to the trade mark owner under US law may only be available where the US trade mark registrations are owned by an entity existing under the laws of the United States.
  • According to Article 130 of Mexican Industrial Property Law, a trade mark must be in continuous and uninterrupted use for at least three consecutive years from the date when the registration is granted. If use of a mark does not commence within this period of time, the mark will become vulnerable to a cancellation action due to non-use which can be brought by any third party with a legal interest. This legal action is brought before the Mexican Institute of Industrial Property (IMPI).
  • The government of Cape Verde is preparing to introduce modern industrial property laws. The new legislation will repeal a Portuguese Code of 1940 which had applied to Cape Verde but had fallen into disuse. In preparation for the new system, the processing of trade mark registrations under the old Code has been temporarily revived.
  • Entitlement disputes under the UK Patents Act have recently undergone something of a revival with several cases reaching the courts. Interestingly though, Patent Office figures reveal that the number of entitlement disputes filed before the Patent Office has remained steady over recent years as has the number of cases referred from the Patent Office to the UK courts. Why then is everyone discussing entitlement disputes under UK law?
  • Ian Finch and David Marriott of James & Wells laud New Zealand's virtues as a test market for IP litigation cases, or to test the strength of patents and trade marks
  • The Federal Court has clarified its approach to patent infringement, but designers still face uncertainty over the protection of their designs, say Linda King and Rebekah Gay of Shelston IP
  • Peter Hallett of Watermark identifies the pitfalls of drafting a trade mark licence agreement in Australia, and explains how to avoid them