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  • There is an anomaly in the law of exhaustion of rights between national trade marks governed by the Trade Marks Directive and Community Trade Marks (CTMs) governed by the Trade Marks Regulation. It is well known that article 7(1) of the Directive provides for community exhaustion and that pursuant to the EEA Agreement, this rule has been expanded to give rise to EEA exhaustion. Therefore, if goods are put on the market with the consent of the trade mark owner in Norway, Iceland, Liechtenstein or any of the EU member states, then the exclusive rights given by the national trade marks are exhausted.
  • Geographical indications are a critical issue for India where many distinctive products have originated. The Indian government has introduced its own imperfect legislation but what is really needed are rules at the international level, argues Latha R
  • The Mexican Industrial Property Law (IPL) grants a patentee the right for the exclusive exploitation of the patented invention. Therefore, the patent gives the right to exclude others from making, using, offering for sale or importing the covered invention. Briefly, in a patent infringement action the plaintiff must prove the following:
  • EU Directive 98/71/EC requiring harmonization of the laws on design rights in the member states was transposed into the French Intellectual Property Code on July 25 2001, with a transition period which ended on October 1 2001.
  • Over the next 18 months, 10 central and eastern European countries will receive their patent green card – membership of the European Patent Organization. Ingrid Hering visited some of the candidate countries to find out how they are preparing
  • What are your favourite brands of tea, coffee, soft drink and whisky? If your answers are Lipton, Nescafe, Coca-Cola and Johnny Walker then your answers are not far away from those given by consumers polled in Readers' Digest's annual survey conducted in six Asian markets namely Singapore, Malaysia, Thailand, the Philippines, Taiwan and Hong Kong. Respondents were asked to rate different brands of goods and services from a range of one to five. The score would reveal the respondent's preferred brand in 37 categories which included their preferred airline, shampoo and conditioner, instant noodles, mineral water, car, watch, cooking oil, air conditioner and hotel.
  • The introduction of a new Community design right is a landmark for protecting IP in Europe. Martin Schlötelburg explains what advantages the new right offers to industry
  • Any individual proving that an Andean provision affects his or her subjective rights or legitimate interests is entitled to bring a nullity action against the provision in question. This was recently stated by the Andean Court of Justice in a nullity action brought by an individual against a number of articles of Decision 486 of 2000, the Industrial Property Common Regime applicable in Bolivia, Colombia, Ecuador, Peru and Venezuela.
  • Following the selection of Beijing as the venue for the 29th Olympic Games in 2008, the State Council of China has promulgated the Olympic Signs Protection Regulations to strengthen the protection of the use of Olympic signs.
  • A new Bill that will harmonize criminal offences for copyright and trade mark infringement has been introduced in the UK. Sara Elwyn Jones and Helen Cline look at its implications in the war against the pirates