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    Enforcement options for foreign marks
    Under United States trade mark law, trade mark rights are territorial. Therefore, owners of well-known foreign trade marks which are not in use in the United States may face the dilemma of what enforcement options may be available to prevent a US company that has sought to take advantage of the renown of a foreign mark by offering goods and services in the United States under the well known foreign mark without authorization of the trade mark owner.
    Managing IP Correspondent, March 01 2008
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    Meet the candidates on the WIPO campaign trail
    With elections for a new WIPO director-general slated for May, Eklavya Gupte talked to the candidates for the top job
    Managing IP Correspondent, March 01 2008
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    Concern over new draft rules on confusion in IP disputes
    The judicial branch of Taiwan has published two sets of rules drafted to clarify Article 38 of the Act of Trial Procedures in IP Dispute Cases promulgated on March 28 2007. One is the Enforcement Rules of the Act and the other provides guidelines for trial.
    Managing IP Correspondent, March 01 2008
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    Calatrava loses bridge copyright case
    On November 23 2007, Commercial Court Number 1 of Bilbao gave its judgment in the proceedings between the famous architect Santiago Calatrava and the Town Council of Bilbao and other companies (Vizcaína de Edificaciones, SA and Lariam 95, SL).
    Managing IP Correspondent, March 01 2008
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    Proposed amendments to the Singapore Patents Act
    The General Council of the WTO agreed in 2003 to waive the requirements of Article 31(f) of the TRIPs Agreement, in order to facilitate the import of pharmaceutical drugs to countries with no or insufficient manufacturing capacity. Singapore has accepted the amendments to the TRIPs Agreement and amendments have been proposed to the Singapore Patents Act to conform the TRIPs Agreement.
    Managing IP Correspondent, March 01 2008
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    The mystery of method diagnosis claims
    Traditionally in New Zealand claims directed to methods of diagnosis (MOD) have been allowable. This is based on well-established case law (for example, Bio-Digital Sciences Incorporated's Application [1973] 21 RPC 668) and on guidelines issued by the Intellectual Property Office of New Zealand (IPONZ) in October 1998.
    Managing IP Correspondent, March 01 2008
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    What constitutes actual use of a trade mark?
    In the Malaysian case of Godrej Sara Lee Ltd v Siah Teong Teck & Anor (Part 2) [2007] 7 MLJ 164, the High Court dealt with the issue of non-use of a trade mark and its removal from the register.
    Managing IP Correspondent, March 01 2008
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    Local working of patents in India
    There is a requirement to file a statement of information (Form 27) regarding the working of a patent in India. The working of a patent means the commercial exploitation of the invention that is embodied in the patent. These statements can be supplied every financial calendar year, within three months of the end of each year.
    Managing IP Correspondent, March 01 2008
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    Pending copyright changes explained
    As noted in our update in last month's issue, the Knesset (Israel's parliament) recently enacted the Copyright Law 2007 "Copyright Law", which establishes a comprehensive statutory copyright regime and replaces legislation enacted in 1911 and 1924. The new law will come into effect in May 2008. In addition to the changes in respect of copyright ownership and moral rights discussed in last month's update, other significant changes include:
    Managing IP Correspondent, March 01 2008
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    An SPC's filing date may affect its duration
    Since regulation (EEC) 1768/92 on supplementary protection certificates (SPC) appeared, it has been the object of numerous court actions, which have defined terms such as "product" and "Community".
    Managing IP Correspondent, March 01 2008
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