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The patent attorney profession is still in its infancy in the Philippines. This may be gleaned from the relatively low number of patent applications being filed in the name of local inventors or companies. From information given by the Bureau of Patents (BOP), the number of patent applications, which include inventions, utility models and designs, filed in the Philippines increased by more than 100% compared to 2002. This is, however, due to the increase in patent applications received from foreigners entering the Philippines thru the PCT. The Philippine joined the PCT on August 21 2001, and since 2002, PCT applications received by the BOP have increased steadily. Applications, however, from local companies have remained more or less constant at an average of about 1,200 applications a year. The ratio of foreign patent applications to local has averaged at 70:30, as shown in the table below.

In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trade mark over the internet or using a website is use of the trade mark.

China's patent law is undergoing revision for the third time. On August 29 2008, the standing committee of the People's Congress published the draft patent law amendments for public discussion and opinion. The draft makes significant changes to the current law. Some of the more important proposals are set out below.

Maria Wyckoff Boyce and Steven J Mitby examine the impact of post-hypothetical negotiation events on reasonable royalty patent damages and offer practical tips for litigators and damages experts

Dianne Daley and Nicole Foga of Foga Daley describe a decade of progress for collective management organisations

A cancellation action for a trade mark due to non-use is a sharp weapon that is often used in competitive struggles.

Patents and utility models are currently governed in Argentina by Law No 24,481 as amended by Laws No 24,572 and No 25,859, and by Regulatory Decree No 260/96.

Eileen McDermott, New York

When entering into a trade mark licence agreement, there are certain representations that both the party in the position of licensor and the party in the position of licensee would be prudent to request from their prospective business partner. A representation is an incidental or collateral statement of fact on the faith of which a contract is entered into and, depending upon the language of the particular agreement, could be relied upon by the party to whom the representation is made in the event of a dispute regarding the licence agreement.

ELZABURU partner Miguel Angel Medina outlines some of the key differences between challenging trade mark applications at national and Community level