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In a recent case, Momentum Creations Pte Ltd v Tan Eng Koon t/a De Angeli (2003 1 SLR 342), the Singapore High Court ruled that exclusivity was not a legal requirement to initiate a passing-off action.

The new Intellectual Property Bill, which was presented to Parliament in June 2003, was challenged in the Supreme Court in SC Case No 14/2003. The applications were filed by the Centre for Policy Alternatives and, in Case No SC 16 of 2003, by Dr Kamalika Abeyratne, chairperson of AIDS Coalition in Sri Lanka, and Nihal Fernando. The matter came up before the Supreme Court consisting of the Chief Justice Sarath N Silva and Justices Shirani Bandaranayake and J A N de Silva.

Three international law firms have closed their Hong Kong IP groups already this year. But, despite fundamental changes in the IP market, the mood is not one of doom and gloom. Practitioners are still looking forward to the future with optimism. Ralph Cunningham reports

The exclusive rights of a trade mark proprietor and the interests of competitors and the general public in free trade require a compromise, so that in certain instances third party use of the trade mark cannot be prohibited. Such constellations are inter alia mentioned in Section 23 of the 1994 German Trade Mark Act, which permits the use of a third party's own name or address (number 1), the use of an indication concerning the characteristics or features of the goods or services (number 2) or where such use is necessary to indicate the intended purpose of a product, in particular as an accessory or spare part or a service, insofar as the use is necessary for it (number 3), provided the use is not contrary to the principles of morality.

The Federal Circuit was born on October 1 1982, due in large part to pressure from US patent owners looking for judicial consistency to safeguard their innovations. With the court approaching its 21st anniversary, Sam Mamudi looks at how effectively it has fulfilled its mission

Being a declaratory judgment plaintiff can be one of the most important trial tactics you have in a patent case, explain William H Mandir and John F Rabena of Sughrue Mion

Decisive action and planning by in-house counsel can help a company facing patent infringement gain an early advantage, maintain H Dickson Burton and Krista Weber Powell of TraskBritt in the US

Alain Coriat and Ricardo Fischer of Hoet Pelaez Castillo & Duque in Venezuela tackle the misconception that globalization and IP protection is detrimental to developing countries

The advent of computers and electronic communication has added a new dimension to preserving evidence, explains Glen P Belvis of Brinks Hofer Gilson & Lione

When considering taking action for patent infringement in Mexico it is wise to consider traditional avenues as well as recent litigation trends, explains Alejandro Luna of Olivares & Cia in Mexico City