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  • On December 3 1993, the European Union Authorities filed their first proposal of Regulation and Directive relevant to the legal protection of designs. On October 28 1998, Directive 98/71/CE was eventually published, to be validated on a domestic basis in each member state by October 28 2001, and which consists of 21 Whereas... and of 20 sections. This demonstrates though it is widely known anyway how many difficulties there are and remain to be overcome to harmonize design laws which vary throughout the European Union.
  • The problem of whether a claimed invention in relation to a selection invention is patentable may arise not only in the chemical, but also in many other fields.
  • An intellectual property owner faces difficulties when trying to recover full damage compensation from an infringer in Korea due to three main reasons:
  • Patent Ordinance
  • Several changes to the German Patent Law became effective on November 1 1998. Among the minor changes is a modification of the name of the patent office which now is Deutsches Patent und Markenamt, to emphasize the increasingly important role of trade mark matters. There are also significant modifications of more relevance to applicants, and these will be briefly commented on below, as far as they relate to filing procedures.
  • After more than eight years of fruitful activity, Mr Ladislav Jakl, president of the Czech Industrial Property Office, decided to resign from his duties and leave the Office on December 31 1998.
  • Illegal exemptions to music royalty collection in the US are costing European performers $20 million dollars a year.
  • Joel Smith, Andrea Montanari and Simona Cazzaniga provide an update on the complex Italian regime for protecting industrial designs, in the light of new legislation
  • When the Trade Marks Act came into force in October 1994, the scope of what constituted a registrable trade mark was broadened.
  • Following its judgment in the Hermes case, the European Court of Justice (ECJ) is again being requested to pass judgment on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In the Hermes case (case C-63/96), the ECJ had to judge whether the term provisional measures, as used in Article 50, Paragraph 6 of the TRIPS Agreement, also applies to Dutch interim injunction proceedings. Article 50, Paragraph 6 stipulates that a provisional measure must be followed by proceedings leading to a decision on the merits of the case, and the Dutch court had asked the European Court for a ruling as to whether Dutch interim injunction proceedings (kort geding) could be regarded as a provisional measure. The European Court affirmed that such was the case.