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Following promulgation by the State Council of the new Implementing Regulations on Copyright Law, the Supreme People's Court also promulgated a new Judicial Interpretation on Several Issues relating to the Application of Law in Adjudicating Civil Copyright Dispute Cases. The new Judicial Interpretation, which came into force on October 15 2002, clarifies certain issues on copyright disputes.

James Nurton, London

The decision in Kenman Kandy to allow the registration of a three-dimensional, bug-shaped sweet will have significant implications for existing and future shape trade mark applications in Australia. Colin Oberin and Ben Arnall examine the consequences for brand owners

Scents, sounds, colours and shapes have become more and more popular ways of representing a product. New procedures and systems for registering marks have made the job of the trade mark owner even more complicated. Ralph Cunningham reports

As European politicians consider fundamental reforms to patent protection, one of the key questions they have to address is how to make the system more efficient. In particular, some critics believe Europe needs to look to the US model to improve its effectiveness. In a special MIP debate, Koos Rasser argues that the European patent system as it exists today is substantially inferior to that of the US, while Simon Mounteney says that, though not perfect, Europe offers many benefits to applicants

Rosella L Fernandez, assistant director, and Emma C Francisco, director general, Philippines Bureau of Patents

Pursuant to the Mexican Law of Industrial Property, the owner or an authorized licensee of a registered mark must use that mark in commerce. If the mark is not used within a three year period, although it will remain in full force until its renewal time, it will be also contestable, and in consequence any interested third party could file a cancellation action against it on non-use basis.

The situation of intellectual property protection in Russia has long been described by experts as disastrous. The share of illegal videocassettes in the Russian market is 50%, of audiocassettes 64%, and of DVDs almost 100%. In this connection, at the session held on October 3 2002 the Russian government determined the list of urgent anti-piracy measures. A specialized government committee led by the Prime Minister will be engaged in stage-by-stage development of the measures connected with intellectual property protection. It is supposed to improve the legislative base by working out amendments and changes into the existing laws and acceptance of new legal acts. Moreover, Russia intends to sign and ratify international agreements on copyright and related rights protection (namely, the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty).

It is no great news to report that bureaucratic delays continue to dog the new Trademarks Act passed by the Indian parliament way back in 1999 with much TRIPs Agreement-compliant hype and fanfare. The latest to join the game of hurdles is a writ filed before the High Court of Delhi, challenging certain aspects of the new law.

In a series of four decisions rendered recently by the German Federal Supreme Court (BGH), the Court considered the extent to which the doctrine of equivalents applies to patent claims reciting numerical ranges: BGH GRUR 2002, 515 - Schneidmesser I (in English, Cutting Knife I); 519 - Schneidmesser II; 523 - Custodiol I; 527 - Custodiol II.