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"We are also seeing companies getting back to basics and building their core brands that consumers already know"

Jane Mutimear examines how the courts in Germany and the UK, as well as OHIM, have treated trade mark applications arising from generic domain names

In Aptix Corp v Quickturn Design Systems, Inc (60 USPQ 2d 1705 (Fed Cir November 5 2001)), two members of a three-judge Federal Circuit panel held that a US patent remains "presumptively valid" and enforceable, despite the admitted blatantly fraudulent conduct of its inventor in seeking its enforcement before a federal district court. The decision is troublesome, because it overrules the contrary Federal Circuit ruling in Fraige v American National Watermattress Co (27 USPQ 2d 1149, 1151, n3 (Fed Cir 1993)) and repudiates a principle considered virtually axiomatic among US lawyers for many years ? that is, that fraud practised in connection with either acquiring or enforcing a patent renders the thus-tainted patent permanently unenforceable. Furthermore, it is difficult to see any legitimate public or private purpose that is served by pronouncing the patent presumptively valid and hence enforceable either by someone other than the original patentee or by the patentee at a later time and in the absence of the offending research notebooks.

A trade mark registration in Mexico is in full force for a term of 10 years from the filing date. After that time it is necessary to request renewal before the Mexican Institute of Industrial Property (IMPI). According to the Law of Industrial Property (LPI), to proceed with this action the corresponding trade mark must have been used in Mexico within the last three years. The question arises as to what can be done when a trade mark has not been used in that time and registration is due for renewal.

Thanks to tough economic circumstances, it has been a difficult year for Latin American practitioners. But, says James Nurton, a number of developments promise increasing interest in IP in the future

As the Gulf Cooperation Council’s patent system goes from strength to strength, Ralph Cunningham examines how patent owners are benefiting from improved protection and enforcement throughout the region

The approach of 2005 and TRIPs Agreement conformity has proved to be a great motivator in Asian jurisdictions. A flood of new patent legislation has entered the statute books. Some countries already comply with the agreement. Others have a bit more work to do, reports Ralph Cunningham

Jane Mutimear examines how the courts in Germany and the UK, as well as OHIM, have treated trade mark applications arising from generic domain names

Artistic copyright has sometimes been seen as the Cinderella of copyright law. Simon Stokes argues that recent artistic copyright cases in Europe and North America are pushing copyright law to its limits. This has implications for the creative industries generally.

Fifth International Publishers Association Copyright Conference, February 20-22 2002, Accra, Ghana. Details at www.ipa-uie.org, or the Ghana Book Publishers Association, email: ipa2002@ghana.com