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Howard Coble is a congressman in the United States House of Representatives and has been chairman of the Subcommittee on Courts, the Internet and Intellectual Property since 1994. He is a Republican and represents North Carolina. Blaine Merritt has been chief counsel of the subcommittee since February 2000.

ATTORNEYS AT LAW

The issue whether a re-shot film constitutes infringement of copyright in a cinematograph film came up for consideration for the first time before the High Court of Mumbai in a very interesting matrix of facts.

In the first case of its type since the new Patent Act, a patent has been struck out on the basis of a premature sale. Adrian Zahl examines the implications of the decision for patentees in Canada

Under the Mexican Industrial Property Law trade names are published rather than registered, as happens with service marks. The difference between a publication and a registration basically consists in the rights derived from the legislation. While the exclusive right to use a service mark is granted only by means of a registration, a trade name does not require a registration to produce legal effects against third parties. Indeed, according to the Law, trade names are protected by virtue of their use without the benefit of a registration. The purpose of the publication is only to establish a presumption of good faith in the adoption and use of the trade name. Accordingly, use of a trade name is essential to produce its legal effects.

Russia ? CIS Countries ? Baltic States

Customs is a very important institution in any country. So it is in Russia. Until the advent in Russia of the concept of intellectual property, Customs served to thwart undesirable imports and keep them outside the Russian borders. Also exports were controlled to implement the economic policy of the government. All this remains a top priority for Customs today.

Any individual proving that an Andean provision affects his or her subjective rights or legitimate interests is entitled to bring a nullity action against the provision in question. This was recently stated by the Andean Court of Justice in a nullity action brought by an individual against a number of articles of Decision 486 of 2000, the Industrial Property Common Regime applicable in Bolivia, Colombia, Ecuador, Peru and Venezuela.

Three-dimensional configurations, including the shape of goods or their wrapping as well as other packaging can be protected as trade marks (3D-marks) in Germany according to section 3 (1) of the 1994 Trade Mark Act. For registration purposes the 3D shape must be portrayed by a two-dimensional illustration. The general rule is specified – that is restricted – by section 3 (2) of the Act which states that signs shall not be protected as trade marks:

The ECJ was called upon to clarify a trade mark’s role as a badge of allegiance or badge of origin. Lee Curtis examines the Advocate General’s opinion in the Arsenal case.