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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.

Article 10 of the Enforcement Directive (Directive 2004/48/EC) provides corrective measures to be taken with regard to goods that have been found to infringe an intellectual property right. Those measures include:

The European Patent Office (EPO) has recently published its statistics for opposition and appellate activities in 2005.

IP rights are critical for companies in the financial services sector - but are often overlooked when business is booming. Catriona Smith, Nicola Dagg, Mark Ridgway and Kathryn Carlile explain the importance of assessing the danger that IP threats pose

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

Australia TRADE MARK PROSECUTION Tier 1 Davies Collison Cave Griffith Hack Phillips Ormonde & Fitzpatrick Spruson & Ferguson Tier 2 F B Rice & Co Freehills Shelston IP Watermark Tier 3 Allens Arthur Robinson Blake Dawson Waldron Corrs Chambers Westgarth Tier 4 Baker & McKenzie Clayton Utz Deacons Halford & Co Madderns Mallesons Stephen Jacques Minter Ellison Pizzeys Wray & Associates Tier 5 Callinan Lawrie Cullen & Co Fisher Adams Kelly

Australia: The Australian Federal Court is planning to introduce new guidelines to make patent litigation quicker and cheaper. Proposals include making the first directions hearing more like a case conference, holding a directions hearing to address whether more than one expert needs to be called in each field of expertise and allowing discovery only after evidence.

Emma Barraclough, London and Peter Ollier, Hong Kong

Peter Ollier, Hong Kong