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Trade dress is an important, but often overlooked, way to protect your IP assets. Anessa Owen Kramer explains how to obtain protection in the US, and reviews some recent cases

An agreement on access to medicines thrashed out before the start of the WTO's Cancun meeting was a salve for the beleaguered conference, but the temporary solution still leaves many questions unanswered. Ingrid Hering reports

Music companies have won the right to search three Australian universities' servers for evidence of copyright infringement. But Catherine Lee argues that stricter control of universities' networks will not necessarily solve the problem of illegal downloading

Expect to see a more mature system of IP litigation in China in the years to come. The predicted increase in the number of IP court cases will provide invaluable experience for trial lawyers, argues Gordon Gao, in the second of a two-part article on conducting IP litigation in China

In a series of recent cases the French courts have ruled that freedom of speech can constitute a legitimate defence to trade mark infringement.

? EU: The European Parliament's September 11 vote on the draft Anti-Piracy Directive was rescheduled for November 4 when Janelly Fourtou, the MEP leading the debate on the Directive, failed to produce her final report on the draft.

Seven years on from the opening of the Community Trade Marks Office, the European courts have clarified many of the controversial issues faced by applicants. Pen Hosford, of Marks & Clerk in London, examines the most important cases

Is trade mark use on the part of a defendant a prerequisite to trade mark infringement? We reported in the last issue of Managing Intellectual Property that the answer to this question seemed clear and that "trade mark use" (that is, use to indicate the commercial origin of the goods or services concerned) is not a prerequisite to trade mark infringement.

On May 22 2003 the Law On Amending Certain Legislative Acts of Ukraine on Intellectual Property Protection was adopted. The new Law came into force on June 25 2003, and was passed to harmonize Ukrainian legislation with the provisions of the TRIPs Agreement. It covers a number of legislative innovations including the amendments introduced into special legislation, that is the Law On Protection of Rights in Trade Marks and Service Marks (the Trade Mark Law); the Law On Protection of Rights in Inventions and Utility Models; and others presented into the Codes of Civil and Commercial Procedure of Ukraine.

In a recent case, Momentum Creations Pte Ltd v Tan Eng Koon t/a De Angeli (2003 1 SLR 342), the Singapore High Court ruled that exclusivity was not a legal requirement to initiate a passing-off action.