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Several changes to the German Patent Law became effective on November 1 1998. Among the minor changes is a modification of the name of the patent office which now is Deutsches Patent und Markenamt, to emphasize the increasingly important role of trade mark matters. There are also significant modifications of more relevance to applicants, and these will be briefly commented on below, as far as they relate to filing procedures.

Patent Ordinance

Estonian customs authorities have started an active campaign against pirated and counterfeited goods. Within the last few months, different counterfeited goods bearing such famous trade marks as NIKE, ADIDAS, SALAMANDER and WRANGLER have been seized by customs. Such counterfeited goods are usually of extremely poor quality.

When the Trade Marks Act came into force in October 1994, the scope of what constituted a registrable trade mark was broadened.

Joel Smith, Andrea Montanari and Simona Cazzaniga provide an update on the complex Italian regime for protecting industrial designs, in the light of new legislation

On July 23 1998 the Trade Mark Law No. 84/1998 came into force. Section 88 of this Law provides that if a trade mark is infringed, the owner may ask, by way of interlocutory injunction, for the immediate cessation of any infringement until the main trial case is settled and the decision is final.

Exhaustion of rights, as an exception to the rights afforded by IP laws, has been recognized in the laws of many countries in the world. In general terms, it implies that the owner of intellectual property rights cannot oppose the further trading of products embodying its rights, if and to the extent that such products have been marketed by or with its consent. Exhaustion of rights marks the border between intellectual property rights and those of the buyer of a product or copy embodying the IP rights.

After more than eight years of fruitful activity, Mr Ladislav Jakl, president of the Czech Industrial Property Office, decided to resign from his duties and leave the Office on December 31 1998.

The problem of whether a claimed invention in relation to a selection invention is patentable may arise not only in the chemical, but also in many other fields.

Following its judgment in the Hermes case, the European Court of Justice (ECJ) is again being requested to pass judgment on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In the Hermes case (case C-63/96), the ECJ had to judge whether the term provisional measures, as used in Article 50, Paragraph 6 of the TRIPS Agreement, also applies to Dutch interim injunction proceedings. Article 50, Paragraph 6 stipulates that a provisional measure must be followed by proceedings leading to a decision on the merits of the case, and the Dutch court had asked the European Court for a ruling as to whether Dutch interim injunction proceedings (kort geding) could be regarded as a provisional measure. The European Court affirmed that such was the case.