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  • 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.
  • 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.
  • Margareta Oproiu of Cabinet Oproiu in Bucharest explains the main provisions of the amendments to the Romanian Patents Act which come into force in August this year
  • Petja Papula of Papula Oy in Helsinki assesses the success of the Eurasian patent system and the amendments that have been implemented since it was introduced in 1995
  • Despite the lack of specific statutory protection for sofware patents in Mexico, Fernando Becerril and Heriberto Lopez of Becerril, Coca & Becerril, SC, argue that protection can be secured with inventive claim drafting
  • Latha R reviews the protection for freelancers in India in the light of the recent US decisions in Tasini and Greenberg
  • A cigarette company has proved use to fight off an attempt to register a mark similar to one of its products. This is in spite of failing with its own application. Owners of foreign trade marks in Singapore should gain confidence from the result, writes Farah Namazie
  • The doctrine of equivalents may not be used to cover unclaimed subject matter disclosed in a US patent application. This was the holding of the Court of Appeals for the Federal Circuit (sitting en banc), in Johnson and Johnston Associates, Inc v RE Service Co (62 USPQ 2d 1225(March 28 2002)). This conclusion was contrary to the Supreme Court's majority opinion in Graver Tank & Mfg Co v Linde Air Products (339 US 605, 609 (1950)).
  • Better safe than sorry: even companies with no immediate intention of doing business in China should register their trade marks there. If not they could find themselves paying a lot of money in the future to prove fame, warns Gary Fechter
  • The landmark first domain name dispute to be put through the recently-launched formal resolution process in Singapore has been settled in favour of the registrant-respondent with entertainment giant Viacom International failing in its attempt to claim the domain name mtv.com.sg.