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  • A long-awaited and far-reaching new Civil Procedure Act came into force in Spain on January 8 2001, which will have a profound effect on all civil proceedings, including IP actions. Gonzalo Ulloa and Ralph Smith reveal the main changes
  • Conducting opposition proceedings at OHIM is full of pitfalls for the uninitiated. Tasneem Haq provides 10 rules to help trade mark owners achieve success
  • European electrical goods companies have teamed up with Chinese government inspectors to raid the factories of Chinese counterfeiters who are costing the industry millions of euros a year. The raids in Guangdong province in south China targeted factories producing counterfeit goods such as kettles, plugs, sockets and cookware being made to European companies' designs.
  • Business methods should remain unpatentable. That was the clear message coming from the UK last month. In a statement issued on March 13, the government stood firm in its position not to allow the patentability of business methods and to allow no change in the guidelines for patenting software. The government's stance is likely to bring the UK into direct conflict with the European Patent Office, the United States and the UK software industry, which believes it is losing out to its American colleagues.
  • Law and accountancy firms are coming under greater scrutiny in Hong Kong from April 1, under the new Intellectual Property (Miscellaneous Amendments) Ordinance intended to combat corporate piracy. Aimed at preventing bootlegging in places of public entertainment and combating corporate piracy, the new Ordinance targets those companies taking advantage of the loopholes in the law to avoid prosecution for copyright infringement.
  • ICANN is to set up a working group to make policy recommendations concerning the controversial multilingual domain (MLD) names.
  • US membership of the Madrid Protocol may be only a few months away according to Bruce MacPherson, director of external affairs of the International Trademark Association. Thanks to pressure from US companies and the INTA, the legislation to implement membership, first considered in 1989, is nearing the end of its journey through Congress. Attempts to implement the Protocol have not been easy. It has been dogged by conflict with the EU, and lately by complications over Cuba's role.
  • The past year has seen a greater degree of maturity in the processing of trade mark disputes and predictability in foreseeing their outcome. Jeremy Phillips reviews 10 decisions from across Europe which symbolize the trend
  • In the recent Festo decision, the Federal Circuit unveiled a new approach to analyzing the doctrine of equivalents and the companion doctrine of prosecution history estoppel. In light of this new approach, Allen R Jensen and Stacy D Lewis provide some guidelines for patentees
  • The issue of groundless threats of infringement under section 77 of the Patents Act was considered in Singapore in Flexon (Pte) Ltd v Bean Innovation Pte Ltd and Tan Mui Teck [2001] SLR 24. Although the case concerned a patent matter, it is relevant for copyright and trade mark cases as the respective acts also contain similar provisions on groundless threats.