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The Patents Amendment Bill, only for allowing Exclusive Marketing Rights (EMR) to foreign and Indian companies in the pharmaceutical and agro-chemical sectors, has been passed by Parliament. However, product patents will not be allowed before 2005.

After more than eight years of fruitful activity, Mr Ladislav Jakl, president of the Czech Industrial Property Office, decided to resign from his duties and leave the Office on December 31 1998.

When the Trade Marks Act came into force in October 1994, the scope of what constituted a registrable trade mark was broadened.

The EU has taken a big leap towards implementing WIPO’s two December 1996 copyright treaties.

Moves, Deals, Developments

El Salvador: The PCT will enter into force in El Salvador on August 17. The country will be the 132nd member of the international patent filing system.

Patent Ordinance

In recent years, the German Utility Model Act has undergone several important changes which, among other things, have made utility model protection available for essentially the same subject matter (except methods) as for patent protection, and extended the maximum period of protection to 10 years. However, a utility model will still be registered without examination as to the novelty and non-obviousness of its subject matter. Registration will be effected within six to eight weeks after completion of the filing procedure.

Several changes to the German Patent Law became effective on November 1 1998. Among the minor changes is a modification of the name of the patent office which now is Deutsches Patent und Markenamt, to emphasize the increasingly important role of trade mark matters. There are also significant modifications of more relevance to applicants, and these will be briefly commented on below, as far as they relate to filing procedures.

Following its judgment in the Hermes case, the European Court of Justice (ECJ) is again being requested to pass judgment on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In the Hermes case (case C-63/96), the ECJ had to judge whether the term provisional measures, as used in Article 50, Paragraph 6 of the TRIPS Agreement, also applies to Dutch interim injunction proceedings. Article 50, Paragraph 6 stipulates that a provisional measure must be followed by proceedings leading to a decision on the merits of the case, and the Dutch court had asked the European Court for a ruling as to whether Dutch interim injunction proceedings (kort geding) could be regarded as a provisional measure. The European Court affirmed that such was the case.