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Three-dimensional configurations, including the shape of goods or their wrapping as well as other packaging can be protected as trade marks (3D-marks) in Germany according to section 3 (1) of the 1994 Trade Mark Act. For registration purposes the 3D shape must be portrayed by a two-dimensional illustration. The general rule is specified – that is restricted – by section 3 (2) of the Act which states that signs shall not be protected as trade marks:

Howard Coble is a congressman in the United States House of Representatives and has been chairman of the Subcommittee on Courts, the Internet and Intellectual Property since 1994. He is a Republican and represents North Carolina. Blaine Merritt has been chief counsel of the subcommittee since February 2000.

A unique practice of the Singapore Trade Marks Registry in relation to the colour features of marks may be of interest to prospective applicants of trade marks in Singapore.

The ECJ was called upon to clarify a trade mark’s role as a badge of allegiance or badge of origin. Lee Curtis examines the Advocate General’s opinion in the Arsenal case.

James Nurton, London

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.

In the first case of its type since the new Patent Act, a patent has been struck out on the basis of a premature sale. Adrian Zahl examines the implications of the decision for patentees in Canada

The Office for Harmonization in the Internal Market (Trade Marks and Designs) or OHIM will finally fulfil the latter part of its title at the beginning of next year when it begins to accept registrations for the new Community design.

Customs is a very important institution in any country. So it is in Russia. Until the advent in Russia of the concept of intellectual property, Customs served to thwart undesirable imports and keep them outside the Russian borders. Also exports were controlled to implement the economic policy of the government. All this remains a top priority for Customs today.

ATTORNEYS AT LAW