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In this case, car maker Opel discovered in Germany scale models of Autec that reproduced the Opel Astra V8 Coupe car shape and the Opel Z logotype. Opel owns trade marks in Germany for cars and toys and consequently regarded these scale models as infringing its trade marks. The case was brought before the court and the German judge asked the Court of Justice of the European Communities (ECJ) (1) whether the Opel Z logotype on toys could constitute trade mark use and (2) whether the toy manufacturer was legitimate in raising the necessary indication of a characteristic of the product to avoid trade mark infringement.

Traditionally, Australian courts have apparently been reluctant to grant interlocutory injunctions for patent infringement, particularly in pharmaceutical cases. However, the Federal Court has recently acknowledged a change in this trend. In Merck & Co Inc v GenRx Pty Ltd [2006] FCA 1407, the Federal Court considered an interlocutory injunction application by Merck to stop a subsidiary of Apotex from importing an alendronic acid compound covered by one of Merck's patents.

In October 2006, Senator Marina Riofrio proposed a bill to the National Congress aiming to introduce into the Argentine trade mark legislation a specific regulation for collective and certification trade marks. While these are not forbidden by current provisions, they are not expressly regulated in national legislation.

The European Patent Office (EPO) has recently published its statistics for opposition and appellate activities in 2005.

Effective patent enforcement and the scope of copyright protection proved the main topics for discussion at a debate organized by MIP in London last month

China is under pressure from IP owners and national governments to tackle IP crime. At a counterfeiting conference in Geneva, Zhang Qin, SIPO deputy director, told Emma Barraclough what the country is doing and how rights owners can help to protect their rights. He also explained why the government is not getting the credit it deserves for tackling infringement and why there needs to be a balance between competing interests in enforcement

Brand pharmaceutical companies sometimes agree to share profits from their patented drugs with generic manufacturers to keep rival products off the market. James Walsh and Lisa Huett consider the legality of these so-called reverse payments under Australian law in light of increasing attacks from antitrust authorities overseas

Handling IP rights in M&A deals is a complex process. Gregory Shatan sets out some best practices and explains how lawyers can negotiate more effective transitional licences and transition services agreements to help their clients achieve their aims during the key handover period

IP rights are critical for companies in the financial services sector - but are often overlooked when business is booming. Catriona Smith, Nicola Dagg, Mark Ridgway and Kathryn Carlile explain the importance of assessing the danger that IP threats pose

OHIM's second user satisfaction survey identified a number of areas where the European trade mark and design office needs to improve its service to users - starting with the accessibility of examiners and information provided by the office. James Nurton reports