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  • Last January, the Chilean Congress approved a bill establishing the National Institute of Industrial Property (INAPI). The draft law was sent to the Congress in 2000 on the initiative of the President, and aims to create a new autonomous agency in charge of the records and administration of industrial property in Chile, with a legal personality and its own assets. It is linked to the President of the Republic through the Ministry of the Economy. The chief of this entity will be a National Director, appointed directly by the President.
  • Caroline de Mareüil-Villette of Cabinet Plasseraud outlines how to determine the value of intellectual property and explains why companies should do it
  • The Board of Appeal of the African Regional Intellectual Property Organization (ARIPO) recently handed down a decision criticizing ARIPO's handling of a trade mark application (In the matter of Trade Mark Application No AP/M/2005/000303 Fones 4 U in the name of Langton Nyatsambo).
  • The recent High Court ruling in Monsanto Technology LLC v Cargill International SA & Another [2007] EWHC 2257 shows how the UK courts construe patent claims covering genetic material and genetic sequences.
  • The first high-speed railway constructed by Taiwan High Speed Rail Corporation (THSRC) under the Build-Operate-Transfer (BOT) model in Taiwan rolled into service in 2006. The high-speed train, called 700T in Taiwan, was built based upon the design of the locomotive used by the Japanese high-speed rail system, only with the stripes extending along both sides of the locomotive altered from pure blue to juxtaposed orange and black.
  • One of the most widely used instruments for the protection of intellectual property is the Paris Convention, which, is one of the oldest IP agreements (it was signed in Brussels on March 20 1883). This Convention brings together almost every country in the world and is used by many IP rights owners to get recognition of their rights in different countries from those where they were obtained or declared.
  • Colombia made an alcoholic move to Russia. To secure its position a trade mark application for rum was filed Ron Viejo de Caldas (application 2004723531 with priority date of October 14 2004). The application was rejected. The examiner stated in the rejection that the designation did not have distinguishing capability because it consisted only of non-protectable elements characterizing the goods. Indeed, Ron (rum) points to the name of the product, Viejo is old and de Caldas means from the province of Caldas
  • The Court of Appeal in Malaysia has considered the issue of what constitutes a person aggrieved in the context of the expungement of a trade mark from the register. This is of importance as section 45 of the Trade Marks Act provides that an application to rectify the register can only be done by "a person aggrieved".
  • As reported last month, the Italian Patent Office (PTO) had begun discussions with the European Patent Office (EPO) to define an agreement under which Italian patent applications would be searched by the EPO with respect to novelty and inventive step.