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Decision 486 of the Andean Community, which contains the industrial property law applicable in the Andean Community countries (Bolivia, Colombia, Ecuador, Peru and Venezuela) forbids the registration of trade marks that consist of a sign or indication that designates or describes the quality, quantity, destination, value or place of origin, time of production or indicates other characteristics about the products or services for which the mark will be used. Descriptive expressions lack distinctiveness so they do not have the capacity to distinguish the goods in commerce from similar goods that come from a competitor.

Stéphanie Bodoni, London

From April 1 industrial designers have a cheaper and more efficient means of obtaining protection for their work when the Geneva Act of the Hague Agreement comes into force. Ingrid Hering reports

Following widespread concern that the proposed new Technology Transfer Block Exemption Regulation would stifle licensing and, ultimately, innovation in Europe, the European Commission has proposed last-minute amendments. Guy Heath examines their impact, and whether or not they adequately address those concerns

Co-existence agreements provide a useful tool for regulating co-existing trade marks and as a way of settling and avoiding trade mark conflicts. Yasmine Hashim provides a practical guide to drafting and reviewing such agreements

Recent years have seen a long-awaited growth in technology transfer transactions and offshore software development in Ukraine. This fact may be explained by the following factors. Ukraine has a well-developed technical educational system, inherited from former times. Recent economic growth has shown the growing need for an innovative approach. Furthermore, the cost-effectiveness of Ukrainian research and development, in combination with the above indicated facts, is attracting foreign investors seeking new ideas and technological solutions.

A recent case heard in the High Court of Singapore has shed some useful light on the issue of proving damage in a trade mark infringement suit.

In late February 2004, the State Administration of Industry and Commerce (SAIC) published its first list of well-known trade marks since the promulgation of the new Trade Mark Law in October 2001. A total of 43 trade marks are listed of which two are foreign marks. These are Gillette (English and Chinese) and Sprite (Chinese). One is a Taiwanese mark and the rest are local marks. The list also sets out the name of the proprietor and the class of goods/services for which the mark is used.

A large number of domain name cases have been heard in Germany. Dietrich Beier, of Bardehle, Pagenberg, Dost, Altenburg, Geissler, analyzes the significance of the most recent judgments of the Federal Supreme Court

China is attracting increasing investment from international brand owners. Kai Yang of Liu, Shen & Associates analyzes the options available for enforcing rights under the Trade Mark and Unfair Competition laws