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  • IP managers are always looking for new means of financing. Carmen R Eggleston and Susan Barbieri Montgomery say collateralization can be an attractive option, especially if managers have made their IP more attractive to lenders
  • In Court, Legislation, Moves
  • In October 1995 product and process descriptions were introduced by the Patents Court to reduce the burden of discovery on a defendant in relation to issues of infringement.
  • Rapid technological change is forcing legislators to re-consider IP legislation everywhere. John Tessensohn and Shusaku Yamamoto analyze Japan’s attempts to modernize copyright and trade mark protection
  • The German Federal Supreme Court has broken through the blockade of the German Patent and Trade Mark Office dismissing applications for abstract colours and colour combinations. Wolfgang von Meibom and Christian Harmsen look at the background and consequences of its landmark decision
  • The United States Court of Appeals for the Federal Circuit has been active this summer in many areas of patent law. Some of its most noteworthy holdings are briefly reviewed below:
  • A geographical indication may be protected by registering it at the State Office for Inventions and Trade Marks, as per the Law no 84/1998 or as per the international conventions to which Romania is a part, only if there exists a close connection between the goods referred to and by the geographical indication and the place of origin thereof with regard to quality, reputation or other characteristics of the goods.
  • Adopting marks consisting of a slogan is becoming more frequent every day. These types of trade mark which we call slogan-marks are admissible in Italy on the condition that they possess the requisites provided for by the Italian Trade Mark Law for registration (a trade mark has to b distinctive and not deceptive, etc).
  • As parallel importers put pressure on European governments to relax rules on the grey market, Tony Willoughby argues that international exhaustion will inevitably lead to the spread of counterfeit drugs
  • Cases concerning infringement of overseas companies’ trade marks in China jumped by more than 30% in the first half of this year compared to the first six months of 1998, according to a report from the State Administration for Industry and Commerce (SAIC) in Beijing. Out of a total of 713 breaches of trade mark law throughout China in the first six months of this year, 690 cases concerned marks owned by foreign companies.