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  • The world's biggest selling drug is under attack on both sides of the Atlantic as its patent expiry looms. AstraZeneca, maker of Losec, has been accused of breaching European competition rules, and is also facing litigation to stop US companies bringing out generic versions of the drug.
  • They have a saying in the north of England, where IP lawyer Anthony Gold plies his trade: "Where there's muck, there's brass."
  • 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).
  • The past year has seen a lot of activity in the UK courts. Tessa Bucks, of Boult Wade Tennant in London, provides an overview of the most important cases and developments
  • Riikka Palmos and Antti Papula, of Nevinpat-Russia in Helsinki, examine what facilities are available to combat the growing problem of counterfeit goods in Russia
  • Michel Jolicoeur and Alessandra Romeo, of Racheli & C in Milan, provide a guide to enforcement strategies against counterfeiters
  • Christian Harmsen, of Wessing & Berenberg-Gossler examines what impact the Yplon case will have on trade mark protection in Germany
  • Hungary has had a new trade mark law since 1997. Michael Lantos, of Danubia Patent & Trademark Attorneys in Budapest, examines how some cases have been handled since it came into force
  • The past decade has seen important changes in Europe’s trade mark regime. Peter Verhaag, of Arnold & Siedsma in The Hague, looks at the impact of these changes