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AUSTRALIA: The Australian government is due to announce that the country will accede to the Madrid Protocol in March 2001. The Protocol will then be implemented in June or July 2001. Submissions were tabled in Parliament in October 2000, and a decision is due before the end of February. Once the Protocol is implemented, both international and domestic applications will have a first report published within 18 months. The Trade Mark Office is now recruiting more examiners to improve its service. COSTA RICA: The Legislative Assembly has adopted eight laws relating to intellectual property, including laws on enforcement of IP rights, trade marks, copyright, layout designs and integrated circuits and approval of the two WIPO Copyright treaties of December 1999, as well as the PCT. COLOMBIA: The Patent Cooperation Treaty came into effect in Colombia on February 28. Consequently, any PCT applications filed after that date can include Colombia (code CO) as a designation. KOREA: The Trade Mark Law has been amended and will come into effect on July 1 2001. The law includes amendments to join the Madrid Protocol. Korea is likely to ratify the Protocol by the early 2002. SPAIN: A new law on Civil Procedure came into force on January 8 2001. It aims to make cases more efficient and rapid, and covers intellectual property and unfair competition actions, but does not supersede the Patent Law. The new law governs matters such as evidence, witnesses, documentation and litigation procedure. TAIWAN: The Legislative Yuan is considering amendments to the Trade Mark Law in preparation for joining the World Trade Organization. The new law will be compatible with the Law of Administrative Proceedings; substantive examination of trade marks will be abolished; and border control measures will be introduced. The amendments should be enacted before the end of this year.

As the UDRP approaches its first birthday, Jane Mutimear asks: should we wish it many happy returns?

Counterfeit fear over new legislation

Kay-Uwe Jonas and Martin Viefhues, of Linklaters Oppenhoff & Rädler in Cologne, outline the advantages of filing Madrid Protocol applications in Germany

In the second of three articles on IP value issues, Tony Samuel and Graeme Berry query why organizations do not insure their most valuable asset, intellectual property.

In the same month that Pfizer scientists from the company´ s laboratories in England received the French Prix Galien award for their discovery and development of Viagra, the drugs company has lost a crucial patent protecting the $332 million drug, clearing the way for rival treatments.

John P Fry and Christopher B Roblyer examine how to defend against charges of wilful infringement and the risk of waiving the attorney-client privilege in US patent and trade mark disputes

The Baby-dry case is the first appeal to be heard by the Court of Justice in Luxembourg in proceedings concerning a Community Trade Mark. The Court of First Instance had decided not to register the term Baby-dry, used for babies nappies (or diapers). The court believed that the term is ineligible for registration as a Community Trade Mark. The examiner considered that the trade mark was descriptive of the goods for which registration was sought. She was of the opinion that Baby-dry was composed only of a simple combination of the non-distinctive words baby and dry. The mark therefore consisted exclusively of an indication which may serve in trade to designate the intended purpose of goods (Article 7 (1)(c) of the Trade Mark Regulation) such as those for which registration is sought, ie keeping a baby dry.

New decisions and rulings on domain names are coming thick and fast from Palestine to Belgium. The past month has seen some significant amendments and cases. MIP rounds up some of the latest domain name developments. US: www.vw.net Volkswagen won the right to the domain name vw.net. Virtual Works of Virginia registered VW.NET in October 1996, but Volkswagen claimed the use constituted infringement and dilution of its mark. Virtual Works filed a civil lawsuit to block an attempt to reassign its domain name claiming that .net was for networking operations, not automobiles. In February 2000 a court ruled that the car maker was entitled to the name as Virtual Works had attempted to sell the domain name to Volkswagen which was a violation of the 1999 Anticybersquatting Consumer Protection Act. A three-judge panel upheld this decision on January 22 2000.

Shirley Kwok, of Vivien Chan & Co in Hong Kong and Beijing, explains that China has made important progress in tackling domain name disputes in the past year