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  • Canada's Supreme Court has clarified the protection available for famous trade marks, ruling that fame can extend to different goods and services.
  • Intellectual property protection is a "serious problem" in China, European Commissioner for External Trade Peter Mandelson said last month.
  • The patentability of methods for controlling the operation of medical devices has long been disputed in Japan. But, as Akihiko Okuno of Sonoda & Kobayashi in Tokyo explains, it is now possible to get protection – provided you draft your claims carefully
  • The Korean Supreme Court handed down a landmark ruling on April 27 2006, establishing a list of factors that must now be considered when calculating the reasonable royalty rate in all patent infringement cases.
  • The Mexican Law of Industrial Property (LIP) provides that use of a registered trade mark inures to the benefit of a registration only if it is effected directly by the registrant or by a recorded licensee.
  • Generic manufacturers operating in Ireland will welcome the recent introduction of legislation which enables them to conduct necessary pre-approval experiments without infringing the patent rights of the original manufacturer. The exemption is contained in new Irish regulations in the form of the European Communities (Limitation of Effect of Patent) Regulations, 2006 (the Irish Regulations) which implement certain sections of Directive 2004/27/EC (with respect to medicinal products for human use) and Directive 2004/28/EC (with respect to veterinary medicinal products).
  • The hedge fund industry has become big business in recent years and funds have tried to distinguish themselves for investors by choosing unique names to serve as source identifiers for the particular financial services they offer. As the hedge fund industry expands, financial service providers doing business in the United States offering investment opportunities often come into conflict with similar companies domiciled overseas using confusingly similar names. However, the unique regulations that apply to the hedge fund industry may, under certain circumstances, alter the traditional trade mark analysis applied when a trade mark dispute arises.
  • In Germany a declaratory action is an established instrument to react to an unwarranted warning letter. But whether it is necessary to send a counter-warning in response to a first warning letter so as to prevent an award of costs pursuant to S 93 ZPO (Code of Civil Procedure) when filing a declaratory action has up to now been a moot point. Different courts have handed down different decisions on this point. The District Court of Cologne confirmed the necessity of a counter-warning letter to prevent an award of costs pursuant to S 93 ZPO. Several Higher Regional Courts, however, denied the basic necessity of sending a counter-warning letter.
  • On April 25, a new Act – 221/2006 Coll on Enforcement of Industrial Property Rights – entered into force. It is based on Directive 2004/48/EC of the European Parliament.
  • Intellectual property owners have thus far been sceptical about effective enforcement of IP rights in India. Long delays in litigation and poor enforceability of court orders made IP enforcement close to impossible in India for several years. Things are looking brighter now.