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Sam Mamudi, New York

Niall Tierney considers the impact of three recent rulings from the European Court of Justice on the registration of functional shapes and smells as trade marks

With the increasing trend towards globalization, emerging market countries are being pressed into signing international accords to free the movement of trade. The friction between globalization and national interests is illustrated by Latin America's refusal to join the Madrid Protocol, says Sam Mamudi

Enforcement continues to be a challenge for trade mark owners in Asia. While some have all the legislative help they can use, others are still labouring with old laws. Protection is just not the priority it needs to be. Ralph Cunningham reports

In the fourth part of the World IP Survey, we reveal the leading patent firms in 26 jurisdictions, and find out about the latest trends in practice.

The IP Academy of Singapore

In Société de Produits Nestlé SA v Unilever plc (December 18 2002, Jacob J), Unilever applied to register two trade marks relating to Vienetta ice cream, one with white wavy structure on top (the white mark) and the other with dark wavy structure (the dark mark).

With the grand aim of creating the world's largest free trade market internally linked by free-trade agreements (FTAs) across nations, the US administration has taken up the role of protecting and upholding the free trade environment, (free of anti-competitive, anti-dumping, anti-trust among other features). The FTA with Singapore (being the first FTA with an Asian country), when negotiations are completed and the fine print agreed upon, will be a precedent upon which future FTAs with other countries will be based on.

The Law on Industrial Property of June 30 2000 regulates legal aspects of trade mark protection in Poland (the Official Gazette of 2001, No 49, item 508, including amendments). As regards penal regulations concerning trade mark protection, they are contained in Title 10 of the aforementioned Law. The above quoted Title 10 specifies the crimes that are committed most frequently in respect of industrial property. Article 310 of the Law on Industrial Property provides for the existence of a general rule that perpetrators who commit the crimes specified in the said Title 10 can be prosecuted only on condition that victims file the motions for prosecution.

Due to the new criteria applied by the Supreme Court of Justice by means of the Thesis: P Lxxvii/99 International Treaties, international treaties are categorized above the federal laws, and placed immediately under the Constitution.