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Well established as an offshore financial centre, the island of Guernsey is now looking to attract IP owners with a series of new laws. James Nurton reports

As companies strive for growth and new sources of value creation, many are turning to their IP portfolios as an asset base for exploitation. Managed intelligently as part of the corporate strategy, IP can become a key driving force behind revenue-generating transactions, provide lucrative licensing opportunities and be securitized against investment. However, if companies are to realize value from their IP, they must first ensure that their housekeeping is in order. Underestimating the importance of IP data management can be a risky business, particularly when it comes to licensing or merger and acquisition (M&A) activity.

On May 25 2006, the South African Minister of Trade and Industry published a notice in the Government Gazette, designating the 2010 FIFA World Cup as a protected event in terms of Section 15A of the South African Merchandise Marks Act. This protection will remain in force from the date of publication of the notice until six calendar months have elapsed after the commencement of the World Cup event.

Fifteen brand owners removed more than £60,000 worth of goods and closed down nearly 5,000 auction sites on eBay in just one day last month.

The Dutch Supreme Court has upheld a Court of Appeal ruling in favour of Lancôme, clearing the way for smells to be protected by copyright law in the Netherlands.

James Nurton, London

It is a cruel blow to succeed in both lower courts but to fail at the final hurdle. That is the fate that befell parties in two recent New Zealand cases, interestingly at the hands of two different courts, as New Zealand completes the transition from the old to the new.

On April 26 the European Commission responsible for Justice, Safety and Liberty presented a proposal for a directive aimed at strengthening the fight against counterfeits.

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.

On May 29 2006, the State Council of China issued the Regulations on Protection of Rights of Communication Via the Information Network that will come into effect on July 1 2006. The Regulations are made in light of the WIPO Copyright Treaty 1996 and WIPO Performances and Phonograms Treaty 1996 in relation to the provisions relating to the communication or distribution of the relevant copyright works using wire or wireless means.