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  • Since July 1 2003, the European Patent Office has started a new pilot project which may be of interest to a large number of applicants.
  • ? EU: A coalition of 48 lobby groups from around the world has urged the European Parliament to reject the draft of an anti-piracy law that they say is too broad and threatens consumer rights and innovation across the EU.
  • Commissioner James Rogan has proposed fundamental changes to patent examination in the US. Stephen Becker examines the main elements of Rogan's Strategic Plan, and asks what impact it will have on applicants
  • Design protection has recently been overhauled in Spain. Jorge Llevat of Cuatrecasas in Barcelona examines the reforms, and explains how rights owners can best obtain protection
  • Judge Paul Michel has been a judge on the US Court of Appeals for the Federal Circuit for 15 years, and is scheduled to become Chief Judge next year. Ingrid Hering met him at the FICPI World Congress in Berlin in June and asked how patent law has developed and how advocacy in the court can be improved
  • 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.
  • The exclusive rights of a trade mark proprietor and the interests of competitors and the general public in free trade require a compromise, so that in certain instances third party use of the trade mark cannot be prohibited. Such constellations are inter alia mentioned in Section 23 of the 1994 German Trade Mark Act, which permits the use of a third party's own name or address (number 1), the use of an indication concerning the characteristics or features of the goods or services (number 2) or where such use is necessary to indicate the intended purpose of a product, in particular as an accessory or spare part or a service, insofar as the use is necessary for it (number 3), provided the use is not contrary to the principles of morality.
  • Decisive action and planning by in-house counsel can help a company facing patent infringement gain an early advantage, maintain H Dickson Burton and Krista Weber Powell of TraskBritt in the US
  • The advent of computers and electronic communication has added a new dimension to preserving evidence, explains Glen P Belvis of Brinks Hofer Gilson & Lione
  • The Federal Circuit was born on October 1 1982, due in large part to pressure from US patent owners looking for judicial consistency to safeguard their innovations. With the court approaching its 21st anniversary, Sam Mamudi looks at how effectively it has fulfilled its mission