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  • The draft legislation discussed in the MIP briefing on Ethiopia in May 2006 was promulgated on July 7 2006 under The Trade Mark Registration and Protection Proclamation 501/2006 (the Proclamation).
  • This month MIP publishes part one of the world's most detailed and authoritative survey of the IP market. Following five months' research, in this issue we list the leading firms in patent prosecution and contentious work in 65 jurisdictions
  • For brand managers looking to increase their product's profile and producers wanting to find new ways to finance movies and TV shows, product placement could be a win-win solution, says Brinsley Dresden, as he outlines negotiating tactics to help IP owners strike the deal they want
  • The Municipal Court in Prague stated in Decision 9Ca 68/2003-36 that use of a trade mark includes not only direct use of a mark through placing on products or packaging, but also indirect use in connection with those products or services, for example on accompanying documents or advertising. In this decision the Municipal Court refused an action against the decision of the President of the Industrial Property Office concerning the cancellation of a trade mark due to non-use.
  • On November 12 2006, the Supreme People's Court of China issued a notice requesting all high courts to submit, for record purposes, all the decisions made by them or lower courts within their respective jurisdictions, in which trade marks have been recognized as well-known. It also requested that in future when the these courts deem a mark to be well-known, the decision be filed with the Supreme People's Court.
  • In Merck & Co Inc v Arrow Pharmaceuticals Limited [2006] FCAFC 91, the Full Federal Court considered Merck's patent for a particular treatment regime using bisphosphonates, which were previously known as inhibitors of bone resorption. Merck had found a particular treatment regime that had a markedly reduced probability of deleterious side effects.
  • About two years ago, a Board of Appeal (BoA) of the European Patent Office (EPO) issued a decision in examination appeal on the patentability of a cosmetic treatment method (T383/03). Recently, it appeared that this decision was "not in line with current well-established practice". The decision itself, but also the fate of the patent and its family members, is an interesting learning case of how things may (not) work in Europe.
  • The Korean Intellectual Property Office (KIPO) has decided to introduce a system to refund, in certain cases, the full amount of the submitted application fee and the request for examination fee. This will be available to applicants who decide to cancel or abandon a patent, utility model, design or trade mark application that has already been submitted if, for example, their circumstances change or their application was incorrect.
  • Intellectual property rights owners will welcome recent indications from the Irish Commercial Court, which has specialist expertise in IP matters, that it is fully prepared to get tough with infringers who fail to disclose information in relation to the source of their infringing goods.
  • In a preliminary ruling in a case forwarded to the ECJ by the Austrian Oberster Patent– und Markensenat (OPM) and closely monitored by the Austrian IP community, Advocate–General Damaso Ruiz–Jarabo Colomer delivered his opinion on October 26 2006 (C–246/05 – Häupl v Lidl). If followed by the ECJ, the opinion will have a revolutionary impact on non–use legislation and jurisprudence throughout Europe.