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DR-CAFTA has brought about important changes in Honduran IP law. Decree 16-2006 which contains the Law of Application of the Free Trade Treaty (DR-CAFTA) states the Law's objective of protecting, promoting and strengthening the legal security for the different categories of IP rights contained in the legal instruments.

On the occasion of our last article of the year 2007, we thought it might be useful to compare past and present.

After the widely reported Häupl v Lidl case at the European Court of Justice (ECJ C–246/05), concerning the starting date of the five-year period in which to start use of international marks and about the validity of reasons for the excuse of non-use, we have now achieved a further referral to the ECJ by the Austrian Supreme Patent and Trade Mark Senate, the court of last instance in cancellation proceedings, in the case Silberquelle v Maselli over the trade mark WELLNESS for non–alcoholic beverages.

Entering into a sales agency agreement with an entity which has sales experience or relationships in a particular industry can often be a productive mechanism for a trade mark owner to expand its brand and to meet customers in a foreign country. When drafting an agency agreement, trade mark owners typically insist on a provision stipulating that the laws of a specific jurisdiction will govern in the event of a dispute under the agreement.

There is no doubt that substantial efforts have been effected in Mexico to improve trade mark protection, such as those contained in the 2005 amendment to the Mexican Industrial Property Law, where the possibility to obtain declarations for well-known and famous trade marks has been established. However, it is worth mentioning the potential advantages of establishing a trade mark opposition procedure (TOP) in Mexico, in order to provide the owners of registered trade marks with a legal action to prevent registration of new trade marks which may conflict with previous acquired rights.

On January 1 2008 Norway will become a member of the European Patent Organization, which will then comprise in total 33 member states and five extension states. Norway can thus be designated in EP applications filed on or after January 1 2008.

Italian search and description orders are proving highly effective, say Roberto Valenti and Giangiacomo Olivi of DLA Piper

Italy has introduced a raft of new laws to comply with the EU Directive on unfair practice. Paolo Bertoni and Marco Montesano of Freshfields Bruckhaus Deringer explain how this will help the good practitioners

Roberto Miranda spoke to Paola Frassi, professor of industrial property law at the University of Milan, about trade mark law practice, anti-counterfeiting and the impact of the London Agreement on Italy

Interview: Sherry Knowles heads the IP team at GSK, which recently persuaded a judge to block the USPTO's plans to introduce rules on claims and continuations