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  • The year 2000 saw important progress regarding both the Community Patent and the European Patent Convention. Neil Jenkins reviews the developments and looks forward to further changes
  • Internet and e-commerce allow an entrepreneur to develop sales schemes of its products and services with a never previously imagined territorial scope and extension. Direct selling is both attractive and advantageous. E-commerce requires in some cases, therefore, the adjustment and of course, the amendment of some clauses of commercial inter-mediation contracts, either distribution, agency, licence, supply or franchise contracts.
  • Owen Dean analyzes the South African law on parallel imports for trade mark and copyright-protected goods in the light of divergent court rulings
  • CHINA: Intcera High Tech Group is adding a new plant in mainland China to expand its manufacture of fibre-optics components. CHINA: The Ministry of Information Industry and National Copyright Administration prepared a draft amendment to the Regulations for the Protection of Computer Software. Changes include an extension of the period of protection for software from 25 years to 50 years. EUROPE: From January 1 2001, new Block Exemptions and Guidelines, which affect trade between the member states of the European Union, became effective. The aim of the Guidelines is to provide a simplified framework for assessing whether a horizontal agreement comes within the Article 81 (1) prohibition and, if it does, whether it is exempt from it. UK: Protocol Solutions, which specialized in NT and desktop systems, has been forced into receivership following legal action taken by the police over counterfeit software. US: Brobeck Phleger & Harrison raised its first-year associate pay by $10,000 to $135,000. A first-year associate can now expect to receive $170,000. US: In the first case of its kind, federal prosecutors in Los Angeles have claimed a website selling counterfeit software on the internet as part of a criminal case. Maria Yolanda and Sola Lirola, who made $900,000 in profit, sold software billed as retail products from companies such as Adobe and Microsoft.
  • In the first case over a .jp domain name, the Toyama District Court has ordered a website to be shut down for infringing a famous name. John A Tessensohn examines the decision
  • New decisions and rulings on domain names are coming thick and fast from Palestine to Belgium. The past month has seen some significant amendments and cases. MIP rounds up some of the latest domain name developments. US: www.vw.net Volkswagen won the right to the domain name vw.net. Virtual Works of Virginia registered VW.NET in October 1996, but Volkswagen claimed the use constituted infringement and dilution of its mark. Virtual Works filed a civil lawsuit to block an attempt to reassign its domain name claiming that .net was for networking operations, not automobiles. In February 2000 a court ruled that the car maker was entitled to the name as Virtual Works had attempted to sell the domain name to Volkswagen which was a violation of the 1999 Anticybersquatting Consumer Protection Act. A three-judge panel upheld this decision on January 22 2000.
  • Lucian Enescu and Cristian Nástase of Rominvent in Bucharest reveal how to deal with counterfeiting in Romania
  • Parallel importers, for so long the bugbear of companies operating within Europe, suffered a significant setback last month when a decision against the drugs company Bayer was overturned.
  • The greatest structural development in the internet´ s history ended on November 16, with the introduction of seven new domain names.
  • John P Fry and Christopher B Roblyer examine how to defend against charges of wilful infringement and the risk of waiving the attorney-client privilege in US patent and trade mark disputes