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The Paul Manufacturing Co Case (2006 (32) PTC 285 (Del) came up before the Delhi High Court by way of a writ petition under Article 226 of the Indian constitution. The petitioner's prayer was to issue a writ of certiorari or a direction to quash the trade mark registration No 1280913 granted under the Trade Marks Act, 1999 by the Registrar of Trade Marks. The usual procedure is that the Trade Marks Registrar's decisions and orders are appealed to the Intellectual Property Appellate Board (the IPAB). In this case too, the petitioner filed a rectification application at the IPAB. However, interestingly, the IPAB has been dysfunctional for several months because of the delay in appointing a technical member. The petitioner therefore contended that the IPAB was not functioning and that the High Court had extraordinary jurisdiction under Article 226 to issue a certiorari to quash the order granting the trade mark registration.

Following two reviews of Australia's intellectual property legislation, the Intellectual Property Laws Amendment Bill 2006 was introduced into the Australian Parliament on March 30 2006. If passed in its present form, the Bill will make a number of changes to Australia's legislation, particularly to the Trade Marks Act 1995 and the Patents Act 1990.

The first MIP Awards Dinner, held at Claridge's in London on March 29, recognized the firms of the year in more than 30 categories, as well as the in-house team of the year and the lifetime achievement

News and photos from MIP's third annual Brand Management Forum, featuring leading in-house counsel and trade mark regulators, held in London at the end of March

Sex, drugs and religion are just some of the subjects that can prompt refusal of trade mark applications on the grounds that they are against public policy or morality. MIP correspondents consider what is banned in different countries, and look at recent cases where the boundaries have been tested (note: some references may cause offence)

It has been another busy year for the courts in Luxembourg. Ilanah Simon says that, while case law on registrability is now well settled, questions remain on the scope of trade mark owners' rights, and what determines how far they can extend

Jeremy Phillips reviews important trade mark cases from Europe's national courts in the last full year before the implementation of the EU Enforcement Directive - which promises to harmonize protection across the single market

As the EU expands, the number of oppositions to Community trade mark applications is on the rise. Guy Heath and Eesheta Shah argue that, to be successful, it is imperative that applicants know their enemy

JAPAN: The partners of full service firm Nishimura & Partners are in discussions with their counterparts in Asahi Koma Law Offices over merging their firms. The move follows recent legislative changes further opening up the Japanese legal market and, when completed, the deal will create the largest law firm in Japan.

INTA has been at the forefront of filing amicus curiae briefs to make courts aware of trade mark issues and arguments. Members of the Association's International Amicus Committee compare the opportunities available around the world