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Mihály Ficsor, vice-president of the Hungarian Patent Office, explains why Europe needs strong national IP offices

Eileen McDermott, New York

A number of legislative changes in Irish data protection law have already taken effect and further developments are due to take effect in October 2007. These developments provide some welcome clarification for practitioners.

It is imperative for the plaintiff to prove that the process of manufacture adopted by the defendant or that such imitation amounts to infringement. This duty rests on the plaintiff, so as to establish the infringement suit prima facie. Undoubtedly, the question of infringement of a patent is a mixed question of law and fact. In this scenario the ruling of the Madras High Court in FDC Limited & Ors v Sanjeev Khandelwal & Ors 2007 (35) PTC 436 (Mad), that ex parte injunctions be granted only after an effective judicial scrutiny of both oral as well as documentary evidence, becomes of paramount importance.

To date, UK businesses have had to consider two parallel systems for registered design rights: the UK registered design right under the Registered Designs Act 1949 (as amended) and the Community registered design right under EC Directive 6/2002/EC (the Community Designs Regulation). However, on September 24 2007, the European Community signed the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, creating a third layer of registered design right protection. The UK had not previously been a signatory to the Hague Agreement, and so this is the first time that the Hague Agreement will apply to the UK, the EU implementing legislation (Commission Regulation 876/2007, amending Regulation 6/2002/EC ) being directly applicable in EU member states.

A United States trade mark registration remains in full force and effect for a period of 10 years from the date of issuance. However, in order to maintain the registration, the trade mark owner must file a declaration of use between the fifth year and sixth year following the date of registration (or, with payment of a penalty, within six months thereafter). The declaration of use is a sworn statement by the trade mark owner indicating that the registered mark continues to be in use in the United States for each of the goods covered by the registration and includes a specimen showing use of the mark for the classifications. If the required declaration of use and the supporting specimens are not filed, the registration will be cancelled.

A majority of the Full Federal Court recently extended the boundaries of contributory infringement in Australia.

The National Board of Patents and Registration has recently established a list into which trade marks with a reputation may be entered on application. According to the National Board of Patents and Registration the purpose of the list is to better serve business life, agents and all other circles that need to obtain information about marks with a reputation. The list may also be helpful when conducting preliminary examinations and tests of confusing similarity concerning trade marks. Consequently, the list undoubtedly has a preventive effect on trade mark litigation.

Readers may have heard that Central America and the Dominican Republic last year bought a little over $16 billion in US exports. This sum is more than the United States sells to India, Indonesia, and Russia combined, and is enough to constitute the second largest export market for the US.

New Zealand law makers are addressing the adequacy of the law governing ownership of copyright in commissioned work, otherwise known as the commissioning rule, and it appears that a change is imminent.