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Since December 1 2003, the Benelux countries have opened up the spare parts market by introducing the so-called repair clause into the Benelux legislation on designs. This exception excludes from protection the design of component parts used for the purpose of repairing a complex product so as to restore its original appearance (must-match parts). It aims to increase competition, in particular in the automotive sector, to knock down the prices and offer consumers greater choice as to the source of spare parts used for repair purposes. Needless to say the car manufacturing industry is strongly against the liberalisation of the secondary market of spare parts, especially for financial, social and safety reasons.

An interesting decision of the Austrian Supreme Court (Oberster Gerichtshof (OGH)) can be reported. It applies the decisions of the Court of Justice of the EU (CJEU) in case C-532/06 02 Holdings Limited and C-487/07 L'Oreal to a specific case in Austria.

The new Australian Designs Act of 2004 was introduced partially to overcome the syndrome of every design being valid, but no design being infringed by a copier who had made small differences. However, a recent decision under the new Act highlights the difficulty in suing the wily copier who makes changes to the design.

Argentine Law No 24,766 (the Confidentiality Act) regulating the protection of test data does not offer effective data protection, making it inconsistent with the TRIPs agreement.

An item in the Mail & Guardian newspaper recently reported that a troop of baboons had discovered a new citrus variety in the Western Cape, South Africa. Alwyn van der Merwe, production director of ALG Estates near Citrusdal – 200km north of Cape Town – said that year after year the farm has been struck by a troop of baboons, which descended from the mountain. The troop always selected one tree among thousands in one of their orchards and devoured all the fruit before the season really got going. At closer inspection they discovered that the brix [sweetness grade] of this particular minneola, a soft citrus variety, was much higher than the rest of the orchard and that it started bearing fruit at least three weeks earlier than expected. Apparently, ALG Estates has set about developing this new variety.

The UK, Russia and China have new laws on bribery and other countries are increasing enforcement. But when do they affect IP, or even a nice client lunch? Local lawyers give their views

The L’Oréal v eBay judgment helps brand owners who want to stop the sale of infringing goods online, but leaves considerable discretion to national courts in Europe, according to trade mark practitioners

Managing IP reveals its selection for the annual Top 50, with an emphasis this year on individuals rather than institutions: bloggers, artists, litigants and campaigners

One-hundred-and-eight law professors have signed a letter opposing the Protect IP Act, calling it “draconian” and in violation of the US constitutional right to free speech

US and Canadian judges yesterday approved the $4.5 billion sale of Nortel patents to a group of buyers including Apple, Microsoft, RIM and Sony.