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  • Under the amendment made to Articles 168 and 170 of the Health Supplies Regulation, which omitted the requirement that pharmaceutical companies must maintain a manufacturing plant in Mexico, the Mexican government granted the first marketing authorisation through the Health Ministry (The Federal Commission for Protection against Sanitary Risk COFEPRIS) to international foreign manufactures (Takeda International Company Limited and Amgen).
  • In a recent case, the Court of Appeals in Thessaloniki considered whether there is a likelihood of confusion between an earlier CTM that covers goods of classes 11 (illuminating devices), 20 (children's furniture) and 25 (clothing) (figure 1) and a subsequent mark used to designate prams, bicycles for children and related goods (falling within class 12) (figure 2).
  • Earlier articles showed how The Wayback Machine (www.archive.org) may be used to establish a date of public availability for a particular internet page, which may be usable in legal proceedings. However, certain pitfalls exist and need to be avoided in order for the evidence to withstand the scrutiny of the court or of the other party.
  • Since December 1 2003, the Benelux countries have opened up the spare parts market by introducing the so-called repair clause into the Benelux legislation on designs. This exception excludes from protection the design of component parts used for the purpose of repairing a complex product so as to restore its original appearance (must-match parts). It aims to increase competition, in particular in the automotive sector, to knock down the prices and offer consumers greater choice as to the source of spare parts used for repair purposes. Needless to say the car manufacturing industry is strongly against the liberalisation of the secondary market of spare parts, especially for financial, social and safety reasons.
  • An item in the Mail & Guardian newspaper recently reported that a troop of baboons had discovered a new citrus variety in the Western Cape, South Africa. Alwyn van der Merwe, production director of ALG Estates near Citrusdal – 200km north of Cape Town – said that year after year the farm has been struck by a troop of baboons, which descended from the mountain. The troop always selected one tree among thousands in one of their orchards and devoured all the fruit before the season really got going. At closer inspection they discovered that the brix [sweetness grade] of this particular minneola, a soft citrus variety, was much higher than the rest of the orchard and that it started bearing fruit at least three weeks earlier than expected. Apparently, ALG Estates has set about developing this new variety.
  • "The piracy situation is pretty much under control," according to Albert Ho, head of the Intellectual Property Investigation Bureau, Hong Kong Customs. He claims that there are no more conventional small shops selling pirated optical discs in the territory. Ho said this success is largely thanks to the territory's more aggressive approach in fighting counterfeits by using innovative enforcement strategies and heightening surveillance. In the last 18 months, the Customs and Excise Department has widened the application of a conspiracy charge. Two or more people organising or coordinating an infringing act on at least two accounts or occasions, without having to possess the fake goods, constitutes a crime under the Organized and Serious Crimes Ordinance. It is a response to the increased number of vendors who have tried to elude punishment by selling counterfeits in private showrooms and catalogue stores. Two cases are being prosecuted under the Ordinance using the new enforcement strategy. Customs has also applied stricter enforcement at Ladies' Market, a well-known tourist area that was listed in the USTR's notorious markets list earlier this year.
  • Last month the US Supreme Court handed down three decisions in patent cases. In some cases they maintained the status quo, in others they created new precedent, but all are significant say Eileen McDermott and Karen Bolipata
  • Dang Thi Hong Nga and Dang Viet Cuong of D&N International say that IP rights holders have an opportunity to help shape enforcement in Vietnam
  • Eileen McDermott, Pinehurst, North Carolina
  • In an exclusive interview, Robert van Peursem – senior judge in the IP department of The Hague District Court in the Netherlands – talks to James Nurton about judicial freedom, patent reform and cowboy courts