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  • 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).
  • China faces five years of the most crucial economic reforms since it launched its "open door" policy in 1978 after the US Congress approved permanent normal trade relations (PNTR) on May 24.
  • When clients want to seize products in Mexico during a fair or exposition, the problem arises of obtaining authorization within a couple of days at most.
  • Trade marks have a special economic importance, with their ability to attract and to keep customers, and are one of the major elements in companies´ strategies.
  • Where do you draw the line over what is registrable as trade dress? Michael A Cantor and Pamela S Chestek, of Cantor Colburn LLP in Windsor, Connecticut, examine how different courts have tackled the problem
  • Until a new law is introduced, rights owners have to cope with some unusual rules including a unique classification system, explains Orlando Jorge Mera, of Jorge Mera & Villegas in Santo Domingo
  • Harry B Sands provides an overview of how trade marks are protected in the Bahamas
  • The internet is throwing up all sorts of challenges to intellectual property owners. In an exclusive interview, James Nurton and Ralph Cunningham ask MCI WorldCom’s Vinton G Cerf, one of the net’s founders, if technology can help solve the legal problems