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  • Argentine Trademark Law protects both products and service marks. Under the Law, the ownership of a trade mark and the right to the exclusive use thereof are acquired by registration in accordance with Section 4 of Law 22,362 (trade mark law), which has adopted the attributive system. Consequently, if there is no registry of a trade mark, there is no right thereto.
  • In two recent decisions by the Technical Boards of Appeal (TBA), refusals of European patent applications by the examining division of the EPO have been deemed to constitute substantial procedural violations.
  • Indications are that the Commercial Court is relaxing its very strict evidential rules, making it easier for trade mark owners to delete unused pirated marks.
  • Whenever a person, whether Mexican or foreign, seeks to incorporate a company in Mexico, he will first require a permit issued by the Ministry of Foreign Affairs (the Ministry) approving the use of the name requested for the new company. The same applies when changing a name as a result of a merger or acquisition. Although Mexican law prohibits the use of an existing trade mark as a company name and that the Ministry should review whether the name requested is not confusingly similar or identical to any existing trade mark de facto, this often does not happen. Therefore, the examination process is merely limited to the names of the companies recorded in the Ministry's files.
  • Fernando Rosales-Vázquez educates applicants and petitioners to the Mexican IP office about an important amendment to procedures
  • A new agreement between the US and Peru has strengthened IP protection at Peru's borders. Oscar Mago Carranza explains the criteria for initiating an investigation and ensuring that infringing goods are seized
  • As licensing becomes a more attractive prospect for trade mark owners, Jean-Philippe Mikus urges licensors to take heed of Canadian legislation and case law governing licence validity
  • Carlos O Mitelman and Daniel R Zuccherino provide an overview of some important developments in Argentinean IP law
  • With the prospect of ICANN opening the domain space to an untold number of generic top-level domain names, brand owners and representatives of WIPO and ICANN sat down with Eileen McDermott to discuss some of their key concerns in a roundtable sponsored by Finnegan
  • Thailand's attempt to become a regional medical hub is being held back by pro-generic policies and burdensome regulatory approval processes. Alan Adcock and Clemence Gautier of Tilleke & Gibbins examine three obstacles to the country's aim