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  • Fittingly, I am writing this column on April 26 ? the first World Intellectual Property Day. Today, which will become an annual celebration, is the date when the Convention establishing WIPO entered into force in 1970.
  • Jesus A López Cegarra of Clarke Modet & Co in Caracas, examines the protection for well-known signs under the prejudicial interpretations of the Court of Justice of the Andean Community
  • Owen Dean analyzes the South African law on parallel imports for trade mark and copyright-protected goods in the light of divergent court rulings
  • AUSTRALIA: The Australian government is due to announce that the country will accede to the Madrid Protocol in March 2001. The Protocol will then be implemented in June or July 2001. Submissions were tabled in Parliament in October 2000, and a decision is due before the end of February. Once the Protocol is implemented, both international and domestic applications will have a first report published within 18 months. The Trade Mark Office is now recruiting more examiners to improve its service. COSTA RICA: The Legislative Assembly has adopted eight laws relating to intellectual property, including laws on enforcement of IP rights, trade marks, copyright, layout designs and integrated circuits and approval of the two WIPO Copyright treaties of December 1999, as well as the PCT. COLOMBIA: The Patent Cooperation Treaty came into effect in Colombia on February 28. Consequently, any PCT applications filed after that date can include Colombia (code CO) as a designation. KOREA: The Trade Mark Law has been amended and will come into effect on July 1 2001. The law includes amendments to join the Madrid Protocol. Korea is likely to ratify the Protocol by the early 2002. SPAIN: A new law on Civil Procedure came into force on January 8 2001. It aims to make cases more efficient and rapid, and covers intellectual property and unfair competition actions, but does not supersede the Patent Law. The new law governs matters such as evidence, witnesses, documentation and litigation procedure. TAIWAN: The Legislative Yuan is considering amendments to the Trade Mark Law in preparation for joining the World Trade Organization. The new law will be compatible with the Law of Administrative Proceedings; substantive examination of trade marks will be abolished; and border control measures will be introduced. The amendments should be enacted before the end of this year.
  • Defensive marks are a valuable weapon in Japan. Hidetake Sekine, of Tokyo Aoyama Law Office/Baker & McKenzie in Tokyo, examines the merits of using them
  • The Andean Community (Venezuela, Colombia, Ecuador, Peru and Bolivia) has now issued the new Decision 486 (the Decision), with 280 articles, that replaces Decision 344, covering a Common Andean Industrial Property Code. The Decision does not amend the prior legislation, but puts out an encyclopedic and repetitive text of which the salient chapters are one on integrated circuits and another on unfair competition. We shall here focus en the latter.
  • Decision 486 of the Andean Community, which came into force on December 1 2000 in Colombia, Venezuela, Ecuador, Peru and Bolivia, introduced fundamental changes to the licensing regime in the Andean Community.
  • New decisions and rulings on domain names are coming thick and fast from Palestine to Belgium. The past month has seen some significant amendments and cases. MIP rounds up some of the latest domain name developments. US: www.vw.net Volkswagen won the right to the domain name vw.net. Virtual Works of Virginia registered VW.NET in October 1996, but Volkswagen claimed the use constituted infringement and dilution of its mark. Virtual Works filed a civil lawsuit to block an attempt to reassign its domain name claiming that .net was for networking operations, not automobiles. In February 2000 a court ruled that the car maker was entitled to the name as Virtual Works had attempted to sell the domain name to Volkswagen which was a violation of the 1999 Anticybersquatting Consumer Protection Act. A three-judge panel upheld this decision on January 22 2000.
  • As the UDRP approaches its first birthday, Jane Mutimear asks: should we wish it many happy returns?
  • Alexander von Mühlendahl, vice-president, OHIM in Alicante