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  • In recent years, many websites providing goods and services have appeared as a consequence of the development of the internet as a business environment. Consumers all over the world can find a very large range of goods and services easily and quickly. Under these circumstances it was obvious that domain names became a very important element in order to draw the consumer's attention.
  • According to the Mexican Law of Industrial Property (LPI), to renew a trade mark registration it is absolutely necessary that the mark has been used in Mexico within the last three consecutive years prior to petitioning for renewal. Nevertheless, sometimes it is not possible to fulfil this requirement, and in consequence, we have to inquire about the possibilities to obtain a renewal without use of the corresponding trade mark.
  • Poland has recently adopted provisions concerning the legal protection of biotechnological inventions. This has been implemented by revision of the Industrial Property Law so as to adjust it to the provisions of Directive 98/44/EC of the European Parliament and of the Council of July 6 1998. The respective revision of the Industrial Property Law became effective as from October 18 2002.
  • Restrictions on investment agreements and IP rights came under scrutiny in a recently decided case heard in the UK.
  • Today, the vast majority of national patents pending in the European countries have evolved from patents granted by the European Patent Office. Even if the validity of such a patent has been confirmed in opposition proceedings before the European Patent Office, it can still be attacked in nullity proceedings before the national patent authorities. In national invalidation proceedings, any differences between the European Patent Office and the national authorities with respect to the interpretation of the basic standards for patentability might turn into a trap for the patent owner.
  • As the doctrine of equivalents comes under increased scrutiny, the three major patent markets are notable for their similarities more than their differences. Hugh Dunlop examines how jurisprudence in the US, Japan and Europe has matured, and discusses the options for harmonization
  • The Federal Court of Australia has struck another blow for novel trade marks with its recent decision to allow the registration of a single-colour mark. Justice Mansfield ruled that Philmac, a maker of equipment for the water industry, can register terracotta as a colour mark for non-metallic rigid irrigation pipe fittings because it is capable of distinguishing the company's products. Philmac had appealed to the court after the Registrar of Trade Marks had rejected the application.
  • In the past two years, a significant number of shadow companies have been incorporated in Hong Kong, adopting famous marks as part of their company names without the authorization of the rightful proprietor. These companies share the following features:
  • There is no specific provision in French Law allowing the performance of clinical trials, in particular bio-equivalence trials, before the expiry of the patent on the product. Are these acts of infringement? The case law has recently evolved.
  • Brand owners in the Netherlands can obtain trade marks using the Benelux, European or international systems. Michel Rorai and Frank Bouman of Arnold + Siedsma explain what protection is available