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According to the Benelux Trade Marks Act, the owner of a trade mark can in principle not prohibit the use of his trade mark in respect of goods that have been put into circulation within the European Economic Area either by himself or with his permission. (exhaustion principle). This means that in principle the owner of a trade mark right cannot invoke this exclusive title in respect of the further trade in goods originating from him. The Benelux Court of Justice has recently explained the exhaustion principle in more detail in its Kipling/GB Unie judgment (The Benelux Court of Justice, December 6 2000).

The past year has seen a lot of activity in the UK courts. Tessa Bucks, of Boult Wade Tennant in London, provides an overview of the most important cases and developments

Riikka Palmos and Antti Papula, of Nevinpat-Russia in Helsinki, examine what facilities are available to combat the growing problem of counterfeit goods in Russia

Michel Jolicoeur and Alessandra Romeo, of Racheli & C in Milan, provide a guide to enforcement strategies against counterfeiters

Christian Harmsen, of Wessing & Berenberg-Gossler examines what impact the Yplon case will have on trade mark protection in Germany

Hungary has had a new trade mark law since 1997. Michael Lantos, of Danubia Patent & Trademark Attorneys in Budapest, examines how some cases have been handled since it came into force

The past decade has seen important changes in Europe’s trade mark regime. Peter Verhaag, of Arnold & Siedsma in The Hague, looks at the impact of these changes

The Czech Republic has improved its trade mark protection in readiness for joining the European Union. Karel Cermak Jr, of CERMAK o HOREJS o VRBA in Prague, examines the most important changes

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

Ella Cheong & G Mirandah provide an overview of three important trade mark cases involving foreign owners during 1999