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  • 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.
  • Alain Coriat and Ricardo Fischer of Hoet Pelaez Castillo & Duque in Venezuela tackle the misconception that globalization and IP protection is detrimental to developing countries
  • 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
  • When considering taking action for patent infringement in Mexico it is wise to consider traditional avenues as well as recent litigation trends, explains Alejandro Luna of Olivares & Cia in Mexico City
  • Marcos Morales of Silva & Cia in Santiago illustrates how the recent Free Trade Agreement between Chile and the US will affect IP rights and regulations in the two countries
  • Recent decisions by the Argentine courts are encouraging as far as observing patents rights, by making effective the provisional measures discussed in Article 50 of the TRIPs Agreement. Federico A Aulmann from Obligado & Cia examines the matter
  • INTA celebrated its 125th anniversary year in Amsterdam, the first annual meeting held outside North America. Sam Mamudi visited Fairfield, Connecticut to ask INTA president Kathryn Barrett Park about the road ahead
  • The possibility of disputes arising from a licensing agreement is often overlooked or underestimated. Allen C Turner analyzes options available to resolve such conflicts
  • The courts and the KIPO are looking more favourably now on the claims of well-known trade mark owners in Korea. But owners can't leave it too late. Otherwise, they risk losing their rights completely, warns Yoo Guen LIM, of Bae, Kim & Lee