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In 2004, the European Union will expand eastwards. Tibor Z Gold explains how the membership of 10 new states will affect Community Trade Mark owners and applicants

The South African government has introduced a number of reforms to the Patents Act that will help to clarify the boundaries of IP protection, and make life easier for patentees. James Nurton reports

In part three of the World IP Survey, MIP reveals the leading patent firms from Argentina to Thailand, and specialists from the leading firms discuss current trends

A truly global patent issue erupted in 2002, as courts in Asia addressed how sick people in the developing world can obtain vital patented medicines. The debate reflects the internationalization of patent systems, explains Ralph Cunningham

On December 12, the European Court of Justice delivered its judgment in Ralf Sieckmann (Case C-273/00) on the interpretation of Article 2 of the Trade Marks Directive and the meaning of "graphical representation" in the context of smell marks.

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.

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.

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.

Restrictions on investment agreements and IP rights came under scrutiny in a recently decided case heard in the UK.

China’s formal recognition of foreign well-known marks for the first time is welcome. Foreign trade mark owners should have more confidence now when doing business in China, argue Yvonne Chua and Howard Tsang