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  • Has trade mark protection gone too far? Are brand owners too aggressive in pursuing broad-based claims against non-competitors? MIP asked two distinguished analysts to debate the role of trade marks in society. Tom Moore, who has reservations about the use of trade mark rights, opens the correspondence, and Bruce Lehman responds
  • The subject of contributory infringement is very relevant in France at the present time: the growth of generic drugs companies, and their desire to start marketing generic drugs as soon as the patent expires, requires months of preparation before patent expiry. But how far can they go? Can they prepare chemical intermediates ? Can they stock the product? What are big pharma's rights versus those of generic manufacturers?
  • The so-called cut-off effect is an important feature of EPO opposition proceedings. Reinhardt Schuster and Bernd Rupprecht explain what the cut-off effect is, and how patentees and opponents can use it to their advantage
  • A comparative advertisement can have an active merchandising effect for one entity but at the same time can create negative consumers' opinions in respect of its competitors. Thus, regulation of comparative advertising should be strict and understandable for every player in the market.
  • In a unique survey, MIP set out to discover what brand owners really think about key issues such as which countries offer the best and worst protection, how to enforce rights and what qualities to look for in outside counsel. The results are revealed in a special series of reports. By James Nurton, Sam Mamudi and Emma Barraclough
  • Jeremy Phillips reviews the most important and interesting cases from courts in the EU member states during the past year, and examines what lessons trade mark owners can learn from them
  • In a string of important decisions, the ECJ has provided rights owners with a comprehensive guide to what constitutes trade mark infringement in Europe. Ilanah Simon examines the key cases from the past year
  • In a recent Malaysian decision, Maxis Sdn Bhd v Suruhanjaya Syarikat Malaysia & Ors [2004] 2 MLJ 84, the Maxis Group of companies (the applicant) successfully obtained an interim injunction against Maxis Sdn Bhd & 4 others (the defendants) over their use of the name Maxis.
  • John Collins, partner, Marks & Clerk, London
  • Editha R Hechanova and Bernadette Marie B Tocjayao of Del Rosario, Hechanova, Bagamasbad & Raboca Law Offices in Manila review the latest issues affecting IP owners in the Philippines, including a number of cases involving famous international marks