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In the recent case of Industria De Diseno Textil SA v Edition Concept Sdn Bhd [2005 3 MLJ 347], the defendant filed a notice of motion to set aside and expunge the plaintiff's trade mark "Zara" on the grounds that it had used the Zara mark and made it well-known in Malaysia in respect of clothing well before the plaintiff's trade mark was approved.

Through regular inspections of trade, Argentine Customs often realized that counterfeit goods were circulating, but their hands were tied. Customs authorities were not empowered to detain goods infringing IP rights.

In June 2003, the US Supreme Court issued a ruling limiting the claims of ownership over a creative work. Joseph M Beck examines how that decision has shaped IP case law over the past two years

More and more US patent applicants are assertively exercising their provisional rights against their rivals, both in the US and abroad, by offering a licence to their invention before a patent has issued. Brett Alten, James Hough and Charles Holland explain the policies companies should put in place to respond to the threat

Emma Barraclough, Hong Kong

As Iraq continues to grapple with the difficult task of rebuilding amid a declining security situation, a reconstruction of a different kind has taken place in the IP field. Stéphanie Bodoni explores the struggle to provide patent and trade mark protection

The TRIPs Agreement requires countries to introduce Customs measures to deal with goods that infringe trade marks and copyright. But, explains Federico A Aulmann of Obligado & Cia, Argentina has gone further by introducing legislation to tackle the import and export of goods infringing all IP rights

Brevity can be a vital asset when arguing patent cases. Cynthia A Homan and Meredith Martin Addy of Brinks Hofer Gilson & Lione in Chicago provide some tips on how to make use of it before the Federal Circuit

The Palais des Festivals in Cannes, which will host IPTEC in February 2006 Todd Dickinson of GE, Ruud Peters of Philips, Marshall Phelps of IBM and Jim Stallings of IBM will be the keynote speakers at a new technology transfer event to be held next February in Cannes, France.

Any truly international IP owner has to keep up-to-date with enforcement developments in the Americas, both North and South. In many areas, form patentability to copyright, the US courts have set standards that have been followed in the region and throughout the world. This year, the Supreme Court has produced two IP-related judgments, which MIP's Americas editor Sam Mamudi analyzes in the introduction. One focuses on the safe harbour for researchers who use patented compounds; the other on the topical issue of music downloads.