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Trade secrets (including so-called tricks of the trade) are commonly protected by confidentiality agreements, non-disclosure agreements and exclusivity clauses or contracts. Exclusivity clauses are often attacked as being null and void on grounds of public policy because they restrain trade or occupation unreasonably. In Avon Cosmetics Incorporated v Leticia Luna, GR No 153674, dated December 20 2006, the Supreme Court ruled on an exclusivity clause. The facts of the case are as follows: In 1978 Avon acquired Beautifont Inc, a Philippine company, where Luna was an employee. In 1985, Luna and Avon signed the so-called Supervisor's Agreement. This had the following terms: (i) that the Agreement does not make the Supervisor an employee or agent of the Company (ii) that the Supervisor is an independent retailer/dealer and has sole discretion to determine where and how Avon's products will be sold, except that the Supervisor cannot sell such products to stores, supermarkets or to any person who sells things at a fixed place of business, (iii) that the Supervisor shall sell or offer to sell, display or promote only and exclusively products sold by the Company; (iv) that either party may terminate the agreement at will, or without cause, at any time upon notice to the other.

On December 8 2006 the Administrative Council of the EPO took a further step in the implementation of EPC 2000, which will come into force this year. The Council reviewed and approved the Amendments to the Implementing Regulations to the EPC 2000.

The European Directive on the legal protection of biotechnological inventions 98/44/EC was transformed into national law on June 10 2005. The Austrian Parliament has established a special monitoring committee to manage this transformation. This committee (the Biopatent Monitoring Committee) had the task of monitoring the impact of this transformation into Austrian law on:

On January 8 2007, the Chinese Ministry of Commerce issued a measure which aims to strengthen the value of Chinese brands. By giving local brands a special status, and by promoting and protecting these brands, it hopes to boost the sale and export of local branded goods. As these gain popularity, it also hopes that the competitiveness of Chinese goods as a whole in the world market will increase.

Recently, the Full Federal Court prononunced on the operation of the Australian copyright provisions for websites that contain hyperlinks.

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.