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  • As the sale of so-called "similar" drugs (SDs) increases in Mexico, the Mexican PTO seems to be as confused as Mexican consumers, and has not taken any measures to stop acts of unfair competition which affect the prestige of the pharmaceutical industry´ s trade marks and products.
  • There is no recent decision of the German Federal Patent or Supreme Court dealing with the patentability of plants or animals. However, issuance of the EC Directive on Biotechnological Inventions on July 6 1998 and the decision G1/98 by the Enlarged Board of Appeal of the European Patent Office (EPO) on December 20 1999, will influence the interpretation of the provisions on the patentability of plants and animals.
  • Estonia has revised many of its IP laws in recent years
  • Nine years of preparation come to fruition
  • As yet another supermarket challenges a brand owner over grey goods, Sandra McDonald analyzes the results of a new survey on the attitude of businesses towards exhaustion
  • In a major victory for a foreign patent owner, Pfizer has stopped a local company infringing its patent for fluconazole.
  • Collaborations can be the most effective way to exploit new technologies
  • What duties, if any, do company directors have to maximize the value of intellectual property rights owned by their companies?
  • Last year we witnessed celebrations of significant anniversaries connected with patent offices and IP rights in Germany and Austria. Meanwhile, the Czech Patent Office quietly marked the 80th anniversary of its foundation in 1919.
  • Trade marks which, either intrinsically, or because they are popular on the market, have a clear distinctiveness, enjoy a broader degree of protection than trade marks which are less distinctive. This criterion emerged from the ruling handed down by the ECJ on November 11 1997 in the Puma v Sabel case. The question of when a trade mark is well-known has remained unanswered for some time. However, although this question has a bearing on the application of Article 5, Paragraph 2 of the Trade Mark Directive and of Section 13A, Subsection 1 under c of the Uniform Benelux Trade Marks Act which stipulates that the owner of a well-known trade mark can oppose the use thereof or of a similar sign for dissimilar goods or services if such use can result in an unfair advantage being derived from the trade mark or the distinctiveness or reputation of the trade mark being impaired.