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The Baby-dry case is the first appeal to be heard by the Court of Justice in Luxembourg in proceedings concerning a Community Trade Mark. The Court of First Instance had decided not to register the term Baby-dry, used for babies nappies (or diapers). The court believed that the term is ineligible for registration as a Community Trade Mark. The examiner considered that the trade mark was descriptive of the goods for which registration was sought. She was of the opinion that Baby-dry was composed only of a simple combination of the non-distinctive words baby and dry. The mark therefore consisted exclusively of an indication which may serve in trade to designate the intended purpose of goods (Article 7 (1)(c) of the Trade Mark Regulation) such as those for which registration is sought, ie keeping a baby dry.

Today the Russian Federation is a country where industrial property continues to grow in importance.

The European parliament has finally approved the Copyright Directive. The Directive aims to harmonize protection for copyright protected works and update European copyright law for the internet age. It should now be implemented in each member state within the next 18 months.

It will soon become easier for foreign companies to obtain domain names in Brazil. The Brazilian Internet Administration Committee is about to change its policy which requires a local presence to register a domain name in the country.

In an unexpected turnaround, on December 26 2000, the Clinton administration killed a proposal to allow imports of low-priced prescription drugs into the United States. Congress abandoned the controversial plan on the grounds that it would be unsafe and would not achieve its aim of providing the public with cheap drugs. Describing the proposal as severely flawed, Donna E Shalala , secretary of health and human services, echoed the concerns of pharma companies who believed that without sufficient funding and strict regulations, the plan would have had a devastating effect on public safety.

Fittingly, I am writing this column on April 26 ? the first World Intellectual Property Day. Today, which will become an annual celebration, is the date when the Convention establishing WIPO entered into force in 1970.

Jesus A López Cegarra of Clarke Modet & Co in Caracas, examines the protection for well-known signs under the prejudicial interpretations of the Court of Justice of the Andean Community

Owen Dean analyzes the South African law on parallel imports for trade mark and copyright-protected goods in the light of divergent court rulings

AUSTRALIA: The Australian government is due to announce that the country will accede to the Madrid Protocol in March 2001. The Protocol will then be implemented in June or July 2001. Submissions were tabled in Parliament in October 2000, and a decision is due before the end of February. Once the Protocol is implemented, both international and domestic applications will have a first report published within 18 months. The Trade Mark Office is now recruiting more examiners to improve its service. COSTA RICA: The Legislative Assembly has adopted eight laws relating to intellectual property, including laws on enforcement of IP rights, trade marks, copyright, layout designs and integrated circuits and approval of the two WIPO Copyright treaties of December 1999, as well as the PCT. COLOMBIA: The Patent Cooperation Treaty came into effect in Colombia on February 28. Consequently, any PCT applications filed after that date can include Colombia (code CO) as a designation. KOREA: The Trade Mark Law has been amended and will come into effect on July 1 2001. The law includes amendments to join the Madrid Protocol. Korea is likely to ratify the Protocol by the early 2002. SPAIN: A new law on Civil Procedure came into force on January 8 2001. It aims to make cases more efficient and rapid, and covers intellectual property and unfair competition actions, but does not supersede the Patent Law. The new law governs matters such as evidence, witnesses, documentation and litigation procedure. TAIWAN: The Legislative Yuan is considering amendments to the Trade Mark Law in preparation for joining the World Trade Organization. The new law will be compatible with the Law of Administrative Proceedings; substantive examination of trade marks will be abolished; and border control measures will be introduced. The amendments should be enacted before the end of this year.

Defensive marks are a valuable weapon in Japan. Hidetake Sekine, of Tokyo Aoyama Law Office/Baker & McKenzie in Tokyo, examines the merits of using them