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One of the key issues in the complex of problems surrounding exhaustion is the question of whether goods bearing the mark of a trade mark owner have been put on the market with that owner's consent. If so, the trade mark owner cannot prohibit parallel-importers from importing the goods into the EEA, according to article 7, section 1 of the Harmonization Directive (89/104/EEC).

One case that has cast some light on co-ownership of trade marks in Singapore is Ng Chu Chong (trading as Grand Am Fashion Enterprise) v Ng Swee Choon & Ors (Suit No 1108 of 2001/E). Here the plaintiff and his sister, the first defendant, entered into a partnership called Grand Am Fashion Enterprise (Grand Am) to manufacture and sell fashion apparel under the trademark, McBlue. The trademark was created by the first defendant for the partnership and was registered in their joint names, trading as Grand Am. Subsequently, the first defendant withdrew from the partnership due to an impending bankruptcy but continued to work for the plaintiff as an employee. The plaintiff thereafter discovered that another partnership belonging to the first defendant's sister-in-law, named GA Fashion Apparel (GA) was marketing goods bearing the McBlue trade mark. The plaintiff brought an action against the defendants for trade mark infringement and applied for permanent injunction. The first defendant argued that she was entitled as a joint proprietor to authorize GA to purchase and deal with goods bearing the McBlue trade mark.

When do licensees have independent standing to sue for infringement in the US? Jasper W Dockrey and Jonathan M Blanchard review how the courts have treated this question and provide some guidelines for licensees and licensors

Despite the lack of current law, IP owners are not helpless against parallel imports into Myanmar. They just have to be a bit more ingenious with their prevention strategies, explains Alec Christie

Hector Chagoya and Armando Gomez of Becerril Coca & Becerril in Mexico City explain how to claim priority from consecutive applications in Mexico

Members of the Baker & McKenzie Latin American Patent Practice Group1 compare the laws on compulsory licences throughout Latin America

Following our article on generic domains in Europe in the February issue, Martin Schwimmer examines how the USPTO and US courts have treated trade mark applications consisting of domain names

The late Jerome H Lemelson is well known to numerous manufacturers, not only in the United States but all around the world. During his lifetime, Lemelson, who was the extremely litigious inventor-owner of a large number of patents granted by the United States and many other countries, was also famous for his pursuit of what are known in the United States as submarine patents. The term submarine, which is not unique to Lemelson patents, is based upon the fact that US patents so termed have matured from divisional or continuation applications of parent, grandparent, or even more remote ancestor patent applications filed, in some cases, 20 to 30 years before issuance of the submarine descendant patent.

Patentees face a number of problems when seeking protection for protein structures at the EPO. Dr Joachim Wachenfeld and Dr Thomas Wilk of Vossius & Partner in Munich reveal some possible solutions

Numerous forms of IP rights insurance are now available. Janice Denoncourt argues that insurance can be used offensively and defensively and is something all IP owners should consider