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The Intellectual Property Law Office of BOWMAN GILFILLAN INC

Pharma company AstraZeneca has stopped three generics from launching rival versions of its multi-billion dollar drug Prilosec in the US. But a fourth generic company is free to manufacture its own version of the drug.

James Nurton, London

One might have thought that the question of the exhaustion of trade marks in the European Economic Area (EEA) had been resolved, or at least stabilized, to a certain extent.

On June 20 2002 the Polish Parliament approved revisions to the Industrial Property Law. The revisions came into effect on August 4 2002. Information about the revisions was published on July 20 2002 in the Official Law Gazette No 113 item 983.

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A trade mark licensing programme should be a win-win situation. But, as Dickerson M Downing explains, licensors in the US need to be aware of the risk of products liability suits

New industrial property regulations in Poland give the Supreme Administrative Court control over the legality of decisions issued by the Polish Patent Office. The new rules that came into force on August 22 last year overturn more than 60 years of administrative procedure where control was limited to extraordinary appeals against final sentences which could be filed only by administrative boards in clearly defined special situations. These appeals were examined by judges of the Chamber of Administration Labour and Social Insurance at the Supreme Court and until last August the Supreme Administrative Court (which was set up in 1980), did not examine any matters related to industrial property. Under Polish constitutional law the Supreme Administrative Court along with the Supreme Court, the Constitutional Tribunal and the Tribunal of State is the highest court in Poland.

Singapore and the countries of the European Free Trade Association (EFTA) will offer each other some of the most advanced IP protection in the world when their free trade agreement comes into effect, probably on January 1 2003. The EFTA-Singapore Free Trade Agreement (ESFTA) was signed on June 26 at the EFTA ministerial meeting in Iceland and is the first free trade pact an east Asian country has signed with EFTA, which is made up of Switzerland, Norway, Iceland and Liechtenstein. The IP section of the agreement goes beyond anything on IP contained in the free trade agreements Singapore has signed in the last two years with New Zealand and Japan.

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