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James Nurton, London

Interview: Judge Arjen Meij, Court of First Instance With an increasing number of Community Trade Mark cases reaching the European courts, Stéphanie Bodoni asks judge Arjen Meij from the European Court of First Instance how well the system is coping

A local farmer's appeal to Canada's Supreme Court in a case involving agribusiness leader Monsanto could set the limits of patent holders' rights. Sam Mamudi examines the dispute

Mexican trade mark law establishes: "industrialists, merchants, or service providers may use trade marks in industry, in commerce or in services render; nevertheless, the right to their exclusive use is obtained through their registration with the Mexican Institute of Industrial Property". The same rule applies to slogans or publicity phrases.

The act of using a registered trade mark for the designated goods of that registered trade mark usually constitutes an act of infringement when performed by a third party with no direct rights thereto. Such acts are naturally subject to injunction and damage compensation. However, the case is not so clear-cut in the situation where the third party is importing trade marked goods which are genuine articles manufactured by one having the right to use the trade mark and legitimately purchased in another country (so-called parallel importation). In 1970, the Osaka District Court made it clear that parallel importation of trade marked goods may, in some circumstances, not constitute infringement. Similar decisions have since been issued by other lower courts.

The island of Puerto Rico has failed to convince a WIPO panel it should have the rights to the disputed domain name puertorico.com.

San Diego biotech company Diversa Corporation is the most innovative company in the world, according to a new study.

Arsenal Football Club appears to have closed the floodgates to unofficial merchandise in a UK court decision that unequivocally sets out the boundaries of trade mark infringement.

The China Trade Mark Office (TMO) has recently issued the new Regulations for Recognition and Protection of Well-Known Marks (the Regulations), effective June 1 2003, to replace the 1996 version. The Regulations further clarify the implementation of the Trade Mark Law regarding well-known mark recognition and protection.

Improved trade mark legislation and a concentrated effort from rights owners are achieving results against counterfeiting in China. The hope is now the Chinese leadership will take a direct role in the campaign, reports Ralph Cunningham