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Ingrid Hering, London

Singapore and the countries of the European Free Trade Association (EFTA) will offer each other some of the most advanced IP protection in the world when their free trade agreement comes into effect, probably on January 1 2003. The EFTA-Singapore Free Trade Agreement (ESFTA) was signed on June 26 at the EFTA ministerial meeting in Iceland and is the first free trade pact an east Asian country has signed with EFTA, which is made up of Switzerland, Norway, Iceland and Liechtenstein. The IP section of the agreement goes beyond anything on IP contained in the free trade agreements Singapore has signed in the last two years with New Zealand and Japan.

Three-dimensional configurations, including the shape of goods or their wrapping as well as other packaging can be protected as trade marks (3D-marks) in Germany according to section 3 (1) of the 1994 Trade Mark Act. For registration purposes the 3D shape must be portrayed by a two-dimensional illustration. The general rule is specified – that is restricted – by section 3 (2) of the Act which states that signs shall not be protected as trade marks:

Over the next 18 months, 10 central and eastern European countries will receive their patent green card – membership of the European Patent Organization. Ingrid Hering visited some of the candidate countries to find out how they are preparing

Edward Kelly and David McGinty, Tilleke & Gibbins International, Bangkok

Ralph Cunningham, Hong Kong

The US International Trade Commission (ITC) has struck a blow to Gemstar-TV Guide International's efforts to block the import of set-top boxes that it claims infringes its patents.

Following the selection of Beijing as the venue for the 29th Olympic Games in 2008, the State Council of China has promulgated the Olympic Signs Protection Regulations to strengthen the protection of the use of Olympic signs.

There is an anomaly in the law of exhaustion of rights between national trade marks governed by the Trade Marks Directive and Community Trade Marks (CTMs) governed by the Trade Marks Regulation. It is well known that article 7(1) of the Directive provides for community exhaustion and that pursuant to the EEA Agreement, this rule has been expanded to give rise to EEA exhaustion. Therefore, if goods are put on the market with the consent of the trade mark owner in Norway, Iceland, Liechtenstein or any of the EU member states, then the exclusive rights given by the national trade marks are exhausted.

Any individual proving that an Andean provision affects his or her subjective rights or legitimate interests is entitled to bring a nullity action against the provision in question. This was recently stated by the Andean Court of Justice in a nullity action brought by an individual against a number of articles of Decision 486 of 2000, the Industrial Property Common Regime applicable in Bolivia, Colombia, Ecuador, Peru and Venezuela.