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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.

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.

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

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

By spending a little extra time preparing a patent application, an experienced patentee can draft the specifications and claims in a manner that may later enable a court to award maximum damages in view of the Entire Market Value Rule. Brett Alten, Glenn Kubota and Ryan Scoville explain how

China's Trade Mark Office is the busiest in the world. While this demonstrates that foreign companies and local businesses are seeking proper protection for their IP rights, the backlog of applications is mounting. Peter Ollier considers what the problem means for trade mark owners

Austria TRADE MARK PROSECUTION Tier 1 Sonn & Partner Tier 2 Patentanwälte Puchberger, Berger & Partner Schönherr Rechtsanwälte Torggler & Hofinger Wiltschek Rechtsanwälte Tier 3 Barger, Piso & Partner Beer & Partner Patentanwalt Dr Thomas M Haffner Patentanwälte Schütz und Partner

As more and more businesses outsource operations to India, ensuring that the data is secure is increasingly important. Sushil Kumar of Clairvolex Knowledge Processes outlines the rules in place to help keep information confidential

Ritika Pal of O P Khaitan & Co compares the benefits of litigation with those of administrative action