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  • AUSTRALIA: The Australian government is due to announce that the country will accede to the Madrid Protocol in March 2001. The Protocol will then be implemented in June or July 2001. Submissions were tabled in Parliament in October 2000, and a decision is due before the end of February. Once the Protocol is implemented, both international and domestic applications will have a first report published within 18 months. The Trade Mark Office is now recruiting more examiners to improve its service. COSTA RICA: The Legislative Assembly has adopted eight laws relating to intellectual property, including laws on enforcement of IP rights, trade marks, copyright, layout designs and integrated circuits and approval of the two WIPO Copyright treaties of December 1999, as well as the PCT. COLOMBIA: The Patent Cooperation Treaty came into effect in Colombia on February 28. Consequently, any PCT applications filed after that date can include Colombia (code CO) as a designation. KOREA: The Trade Mark Law has been amended and will come into effect on July 1 2001. The law includes amendments to join the Madrid Protocol. Korea is likely to ratify the Protocol by the early 2002. SPAIN: A new law on Civil Procedure came into force on January 8 2001. It aims to make cases more efficient and rapid, and covers intellectual property and unfair competition actions, but does not supersede the Patent Law. The new law governs matters such as evidence, witnesses, documentation and litigation procedure. TAIWAN: The Legislative Yuan is considering amendments to the Trade Mark Law in preparation for joining the World Trade Organization. The new law will be compatible with the Law of Administrative Proceedings; substantive examination of trade marks will be abolished; and border control measures will be introduced. The amendments should be enacted before the end of this year.
  • How do you retain control over the design and rights in your website when contracting out the development? Susan Kim outlines the most important business and legal issues to consider when negotiating web site agreements
  • The decision of the Court of Appeal in Douglas & Others v Hello Ltd has been heralded as having recognized a right of privacy in English law. Stephen Bate and Lawrence Abramson analyze the decision and its implications
  • 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.
  • As global trade increases, technology transfer will play a more important role. Walt Bratic and Sanford Warren provide a guide to putting deals together
  • 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 an unexpected turnaround, on December 26 2000, the Clinton administration killed a proposal to allow imports of low-priced prescription drugs into the United States. Congress abandoned the controversial plan on the grounds that it would be unsafe and would not achieve its aim of providing the public with cheap drugs. Describing the proposal as severely flawed, Donna E Shalala , secretary of health and human services, echoed the concerns of pharma companies who believed that without sufficient funding and strict regulations, the plan would have had a devastating effect on public safety.
  • 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
  • Fact they say is stranger than fiction. In the David v Goliath case that is Trovan v Pfizer this is certainly true. In the story David slays Goliath and is proclaimed king. In the Trovan case, Pfizer´ s Goliath is made of stronger stuff. On January 11, Trovan filed an appeal in the Ninth Circuit Court challenging an earlier ruling which overturned a record $143 million damages award to the company for infringement of its Trovan trade mark.
  • Owen Dean analyzes the South African law on parallel imports for trade mark and copyright-protected goods in the light of divergent court rulings