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James Nurton, London

Stéphanie Bodoni, London

When planning the introduction of a recognized foreign brand to the US marketplace, owners of a well-known trade mark outside of the US may find that an American company has attempted to take advantage of the renown of the foreign mark by making an earlier trade mark filing in the USPTO.

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