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In the April 1998 issue of MIP we presented comments about the development of IP rights for the first five years of the existence of the Czech Industrial Property Office. 1998 figures show a continuity in all fields of IP rights. The number of new patent applications is still increasing, utility models and designs are more or less steady and trade mark applications are slowly decreasing. What is quite important from the internal point of view is the fact that for the first time not only since 1993, but since 1990, the number of domestic applicants went up slightly. Figures showing the number of trade mark registrations prove that the backlog from previous years has already been overcome. When comparing the number of filings with the number of registrations, it can be clearly seen that registrations more or less correspond to filings as we must bear in mind that some applications do not mature into registrations due to objections both from the part of the Office and from third parties.

Why is it that so many Community Trade Mark applications are being filed in the Dutch language? Are Dutch enterprises more aware of the need for trade mark protection than companies in other countries? A closer look to the nationality of the applicants of those Dutch trade marks, however, reveals that many of them have no connection whatsoever with the Netherlands. Why then is the Dutch language so popular as a filing language?

A marketing war between rival vacuum cleaner brands is being dragged through courts across Europe, testing the limits of comparative advertising.

A new law (No 334/December 31 1998) granting patent protection in Romania for new plant varieties is to enter into force on April 1 1999. From that date, the previous regulations regarding the protection of plant varieties, as stipulated in the Romanian Patent Law 64/1991, will be repealed. Furthermore, the new law enunciates that patent applications filed according to the Patent Law 64/1991, having as subject matter a new plant variety or hybrid, and for which no Notice of Allowance or Rejection will have been issued by April 1 1999, will be solved (finalized) in accordance with the new law 334/1998.

The revised Japanese Design Law came into force on January 1 1999. The main changes are as follows: (1) Broader scope and stronger protection for industrial designs which exhibit creativity:

In recent years, the German Utility Model Act has undergone several important changes which, among other things, have made utility model protection available for essentially the same subject matter (except methods) as for patent protection, and extended the maximum period of protection to 10 years. However, a utility model will still be registered without examination as to the novelty and non-obviousness of its subject matter. Registration will be effected within six to eight weeks after completion of the filing procedure.

Industry organizations in the United States have begun to file submissions to the US Trade Representative as part of the annual Special 301 review.

According to EC Directives on Telecommunications, member states are obliged to adapt tariffs towards real costs. In Spain, the compliance with these Directives implies the reduction of tariffs for long distance calls (both national and international), and the increase of tariffs for local calls and of the initial access quote. According to Telefónica, the increase of the initial access quote is necessary in order to finance the so-called initial access deficit (which is the difference between the amount obtained by Telefónica for the installation of a line, and the amount that it really costs) that it has to endure at the present time. Although the Spanish government adopted measures for tariff re-balancing in the month of August (by means of increasing urban calls and the initial access quote), Telefónica considered that this increase was not sufficient in order to cover the real costs and claimed new increases, which the government opposed because of their impact on the inflation rate. This attitude has motivated the complaint filed before the European Commission, who has established the deadline for the Spanish government to file its allegations on February 11.

South Africa has acceded to the Patent Cooperation Treaty. The accession procedure was completed on March 16 1999 with the result that an applicant for an international patent application (PCT) can now designate South Africa (ZA) as one of the countries in which the international patent application will be validated. Accordingly, it is no longer necessary for an applicant for an international patent application to file a separate national patent application in South Africa (in addition to the international patent application) in order to extend patent rights to the territory of South Africa. Instead, such an applicant can now cover South Africa merely by ticking an appropriate box on the application papers at the time of filing the international patent application.

Managing intellectual property has always been a headache in Russia. Way back in the USSR at the time of total control of everything, intellectual property along with all other things belonged to the State and the inventor did not have any right to the product of his labour. When the iron curtain fell, the pendulum swung to the other extreme. A rather liberal Patent Law was adopted in 1992. It provided that the inventor or his employer would own and dispose of his work at will. It also gave ample opportunities to the applicant to patent his inventions abroad and sell them if he chose to do so. There were no restrictions on where or what to patent which could jeopardize the security of the State. True, the Law contained provisions to the effect that there would be a special law on secret inventions. Unfortunately, that law has not seen light and there are not even signs of it ever being discussed at any forum.