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  • On September 22 2006, the Vietnamese government promulgated four key implementing decrees for the new Law on Intellectual Property. The decrees, which signify a clear improvement, particularly in regard to enforcement, are briefly summarized below:
  • Companies not domiciled in the United States that own US trade mark registrations often face difficulties in enforcing their US trade mark rights against the importation of grey market products bearing their registered US trade marks. Difficulties may be encountered because certain protection afforded to the trade mark owner under US law may only be available where the US trade mark registrations are owned by an entity existing under the laws of the United States.
  • Many companies make large investments in R&D and marketing that result in intangible investments. However, although most companies have well-defined models for running projects and making purchasing and product development decisions, they often have only vague methods for valuing their intangible assets.
  • Under the Singapore Trade Marks Act, a trade mark application may be opposed on the ground that it is made in bad faith. The question is, when does bad faith arise, and are there any steps an applicant can take to prevent his mark from being refused on this ground? In a recent High Court case, the issue of bad faith was discussed at some length.
  • Article 31 of the Patent Act, which previously limited the scope of patentable plant inventions to "a variety of plant that reproduces itself asexually," has been abolished by recent amendments to the Patent Act, which became effective on October 1 2006.
  • By an amendment to the Patents Act earlier this year, Finland became one of the 14 countries where the Patent Law Treaty (PLT) has entered into force.
  • In a recent judgment (C-431/04), the European Court of Justice (ECJ) has gone against the Opinion of the Advocate General and ruled that the German courts were correct in rejecting an application for a supplementary protection certificate (SPC) for the chemotherapeutic Gliadel.
  • The government of Cape Verde is preparing to introduce modern industrial property laws. The new legislation will repeal a Portuguese Code of 1940 which had applied to Cape Verde but had fallen into disuse. In preparation for the new system, the processing of trade mark registrations under the old Code has been temporarily revived.
  • Graeme Hall and John Glengarry of Buddle Findlay assess the IP enforcement options available in New Zealand and identify a trend towards alternative forms of dispute resolution
  • The Federal Court has clarified its approach to patent infringement, but designers still face uncertainty over the protection of their designs, say Linda King and Rebekah Gay of Shelston IP