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The Netherlands:IP protection in the Netherlands

Wilbert Derks of Howrey, Simon, Arnold & White in London explains why the Netherlands is worth considering when acquiring and defending IP rights in Europe

Managing IP Correspondent, May 31 2002
Germany:The EPO decides; Germany debates

Despite the introduction of the EU Biotechnology Directive, there remains opposition to biotech patents in Germany. Mathias Ricker reviews a recent EPO decision which provides guidance for applicants

Managing IP Correspondent, May 31 2002
ECJ declines to specify repackaging rules

In a recent case, the ECJ affirmed that parallel importers can repackage pharmaceutical products for resale in the EU – but the court gave no guidance on how repackaging should be undertaken. Hiroshi Sheraton examines the decision

Managing IP Correspondent, May 31 2002
An Indian perspective on Tasini and Greenberg

Latha R reviews the protection for freelancers in India in the light of the recent US decisions in Tasini and Greenberg

Managing IP Correspondent, May 31 2002
The month in words

The doctrine of equivalents and the rule of prosecution history estoppel are settled law. The responsibility for changing them rests with Congress. Fundamental alterations in these rules risk destroying the legitimate expectations of inventors in their property

Managing IP Correspondent, May 31 2002
Supreme Court overturns Festo

Sam Mamudi, London

Managing IP Correspondent, May 31 2002
LG attacked in Chinese first

Ralph Cunningham, Hong Kong

Managing IP Correspondent, May 31 2002
Registering colour trade marks

Section 3 (1) of the 1994 German Trade Mark Act provides that "any signs, particularly words ... including colours and combinations of colours, which are capable of distinguishing the goods or services of one undertaking from those of other undertakings may be protected as trade marks." With this wording the 1994 statute exceeds the standards given by article 2 of the European Council Directive.

Managing IP Correspondent, May 31 2002
US-EU rift opens up over GIs

The International Trademark Association (INTA) hosted a session at the WTO Doha Symposium in Geneva from April 29 to May 1 on the impact of the Doha Agreement on geographical indications (GIs). The session revealed a divergence between the EU and US. The EU proposes that GI protection should be available for all products; the US maintains that only wines and spirits should benefit.

Managing IP Correspondent, May 31 2002
EPC accession confirmed

For some time there has been uncertainty about the Czech Republic joining the EPC and the date that this might happen (see previous International Briefings). However, accession to the EPC has recently been approved by the Czech parliament and the proposed date, July 1 2002, confirmed. Consequently, on this date Part 3 of the Czech Patents Act No 527/1990 as amended by Act 116/2000, regulating proceeding of the European Patent Applications will come into effect.

Managing IP Correspondent, May 31 2002

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