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Patent owners or other intellectual property right holders often find themselves in a difficult situation when they have to prove a case of infringement without having direct access to the object which is suspected to be infringing. This may, for example, be the case if only a few machines or apparatus have been manufactured, and if there is no possibility for the patent proprietor to analyze or inspect the machine without consent of the manufacturer or current owner. This is particularly troublesome for patent owners in Germany since there are no procedural rules by which a potential infringer could be forced to disclose relevant information with regard to the alleged infringement.

Clarifying who owns and controls each IP right is vital to the success of a joint development agreement. James R Sobieraj explains how to prevent problems, and ensure that both parties know where they stand

In the first of two articles on the impact of the Madrid Protocol, Carles Prat argues that membership is good news not only for trade mark owners, but also for private practitioners

After four years, the much-debated Arsenal v Reed case has been resolved in favour of the brand owner. Justin Watts and David Brooks examine the decision and, below, specialists in different countries explain the impact of the case in Germany, France, Benelux, Spain, Italy and on OHIM

Sam Mamudi, New York

Stéphanie Bodoni

Interview: Judge Michael Fysh QC Ingrid Hering speaks to Judge Michael Fysh QC about his plans to attract more litigation to the UK

The European Commission has come down firmly against using competition law to bring about international exhaustion in the EU. Thomas Heide examines its reasoning, and asks whether political action is now likely

Failing to obtain a foreign filing licence in the US can lead to the invalidation of a patent, and even imprisonment of the patentee. Dervis Magistre explains that overseas companies doing research in the US must take care to follow the rules

On April 1 1999, the Communications and Multimedia Act 1998 (the Act) came into force in Malaysia. The objectives are to promote national policies for the communications and multimedia industries, not least of which is to establish Malaysia as a major global centre for communications and multimedia information and content services; to establish a supporting licensing and regulatory framework, and to regulate the Communications and Multimedia Commission. Interestingly, the Act expressly denies any attempt to censor the Internet.