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The Federal Patent Court recently acknowledged the principal registrability of a new kind of trade mark, a so-called "positioning mark" (see for instance BPatG 28W (pat) 66/99 Positionierungsmarke). With this new kind of trade mark, signs such as single letters or exclamation marks, which are otherwise considered not to be registrable, may be registered, if the following minimum requirements are fulfilled: The sign appears on a specific part of the product, eg a jeans pocket or the flank of a tennis shoe. It appears always at the same place of said part of the product. It appears in a constant size (absolute or relative to the size of the goods). It exhibits a particular colour contrast with respect to the goods labelled with the positioning mark. Therefore, in an application for a positioning mark the definition of the carrier (the goods onto which the label is affixed), the position of the sign on the carrier as well as its size of must be given. It is further advisable to give a short description of the mark.

Asia has turned the corner in addressing IP deficiencies. But problems remain – from the political wranglings in Indonesia to the booming Korean market. Tabitha Parker investigates

Following the change in sovereignty, a new trade mark law was introduced in Hong Kong. Henry J H Wheare, of Lovells, explains what the main changes will be

Dickerson M Downing and Kathleen E McCarthy, of Morgan & Finnegan, LLP in New York, review trade mark practice in the year 2000

Luis C Schmidt, of Olivares & Cia in Mexico City, compares the Mexican system for protecting famous marks with US dilution theory

Karine Simonot and Pierre Benichou with the help of Caroline Ponsi analyze whether the proliferation of -oo trade marks is a myth or reality

Rules for recognizing trade marks as well-known have only been introduced in Russia this year. Antti Papula and Riikka Palmos, of Nevinpat Russia in Helsinki, examine how they will work in practice

Use plays an increasingly important part in European Community trade mark registration. Florent Gevers and David Tatham, of Gevers & Partners in Brussels, examine some situations in which use plays a part

In the same month that Pfizer scientists from the company´ s laboratories in England received the French Prix Galien award for their discovery and development of Viagra, the drugs company has lost a crucial patent protecting the $332 million drug, clearing the way for rival treatments.

Bertelsmann, one of five companies suing Napster for copyright infringement, has offered to loan Napster the funds it needs to develop a secure file-sharing service.