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  • James B Lumenta, of Amroos & Partners in Jakarta, explains how improvements to the Trade Mark Law make it easier to protect rights in Indonesia
  • There has been a steady flow of interesting trade mark disputes in India in the past year. Pravin Anand, of Anand & Anand in New Delhi, reviews the most important cases
  • Trinidad and Tobago is a more attractive litigation forum than it first appears. Brien de Gannes, of JD Sellier & Company in Port of Spain, provides an insight into resolving trade mark disputes in the country
  • Brazil has thrown off its poor reputation for protecting trade marks. Rodrigo Caiuby Novaes, of Clarke, Modet & Co in Rio de Janeiro, reveals how the new industrial property law has transformed registration practice
  • Boudewijn van Vondelen and Alexander van Laaren examine how you can protect shop designs against imitators in the Netherlands
  • The world's biggest selling drug is under attack on both sides of the Atlantic as its patent expiry looms. AstraZeneca, maker of Losec, has been accused of breaching European competition rules, and is also facing litigation to stop US companies bringing out generic versions of the drug.
  • Michael Bolton was represented by Robert G Sugarman of Weil, Gotshal & Manges in New York and Russell J Frackman of Mitchell, Silberberg & Knupp in Los Angeles.
  • In the rapidly developing software market questions often arise regarding proper protection of program names. Of course, program names can be registered as trade marks. On the other hand, many software developers are not aware of the fact that program names may enjoy protection in Germany as titles of works. Titles of works are defined as designations of printed publications, cinematographic works, musical and dramatic works, or other comparable works which, according to German case law, include computer programs.
  • A Bill amending the present Czech Patents Act No 527/90 was discussed in detail in the Patent Yearbook 2000. To our satisfaction the Bill was passed and entered into force on May 10 2000, as Act 116/2000, amending some Acts on Industrial Property Rights. For the purposes of this international briefing, I will cite the most important changes:
  • 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).