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Stéphanie Bodoni speaks to OHIM's new director of IP policy, Vincent O'Reilly, about OHIM trade mark practice, examination guidelines and the implementation of EU case law

The Japanese government has introduced a regional collective trade mark system to boost the value of the country's agricultural exports. John Tessensohn and Shusaku Yamamoto explain how it will work and who will benefit

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.

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

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

With the new Regulation on Community designs, the path towards a unified system for protecting designs in Europe is clear. But it is still not easy, as Henning Hartwig of Bardehle Pagenberg reports

The Swedish Supreme Court has recently (February 1 2006) delivered a judgment in an interesting trade mark case, which concerns how and when a registered trade mark can be cancelled for non-use, and in particular the date from which the period of non-use of a trade mark must be calculated.

On April 3 2006 the UK Patent Office took the lead in promoting alternative dispute resolution (ADR) in Intellectual Property disputes by being the first patent and trade mark office anywhere in the world to set up a formal commercial mediation service. The initiative involves the creation of a new Mediation Service Team within the Patent Office who are able to mediate IP disputes referred to them from Patent Office hearings, the Courts or the parties themselves. To raise awareness of the new service the Patent Office has issued Guidance Notes on its website and is producing a range of literature aimed at encouraging parties to consider mediation as an alternative to litigation.

The Mexican Patent Office has finally implemented internal examining guidelines that substantially mirror those of the European Patent Office for the examination of computer software-implemented inventions. The emphasis now to be placed by Mexican examiners examining computer software-implemented inventions is on the technical characteristics that have a technical effect rather than on the subject matter of the invention.