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  • The 30 countries profiled in MIP’s Emerging Markets Survey will be among the big markets of tomorrow. Which makes it vital to know where to find the top firms. On the following pages, we reveal the results of our fourth annual survey, and analyze the latest trends
  • The International Anti-Counterfeiting Coalition has submitted its recommendations to Charlene Barchefsky, the US trade representative, as part of the annual “Special 301” review of countries with poor IP protection.
  • Counterfeiting costs business more than $1bn a year in Russia, according to the Coalition for Intellectual Property Rights.
  • A federal judge has blocked a Canadian-based web site from broadcasting US TV shows. The case is the first test of how effectively copyright law can be applied to Internet transmissions.
  • Under Australian law it is possible to make post grant amendments to a patent either before the Commissioner of Patents, or in the Federal Court of Australia. Typically an application for amendment to the Federal Court is lodged when the patentee is about to commence infringement proceedings on the basis of advice that amendments are required to correct defects or to limit the relevance of prior art. In a recent case, Gambro Pty Ltd v Fresenius Medical Care South East Asia Pty Ltd, amendments were sought to limit the field of invention to the area of real interest fluids for dialysis and related procedures in order to strengthen the patentee´ s position in a cross claim for invalidity.
  • One of the most common questions asked by foreign clients is: "What is an Amparo suit?" Often the answer from most Mexican lawyers to avoid further explanation is: an appeal.
  • The German Federal Supreme Court recently issued two decisions on the registrability of slogans (Radio von hier, Radio wie wir and Partner with the Best, both dated December 8 1999), which have terminated an ongoing controversy in Germany. According to these decisions, the requirements for distinctiveness of slogans are not any greater than for regular word marks.
  • Genentech's settlement with the University of California has just cost the San Francisco company a cool $200 million
  • Last year we witnessed celebrations of significant anniversaries connected with patent offices and IP rights in Germany and Austria. Meanwhile, the Czech Patent Office quietly marked the 80th anniversary of its foundation in 1919.
  • Trade marks which, either intrinsically, or because they are popular on the market, have a clear distinctiveness, enjoy a broader degree of protection than trade marks which are less distinctive. This criterion emerged from the ruling handed down by the ECJ on November 11 1997 in the Puma v Sabel case. The question of when a trade mark is well-known has remained unanswered for some time. However, although this question has a bearing on the application of Article 5, Paragraph 2 of the Trade Mark Directive and of Section 13A, Subsection 1 under c of the Uniform Benelux Trade Marks Act which stipulates that the owner of a well-known trade mark can oppose the use thereof or of a similar sign for dissimilar goods or services if such use can result in an unfair advantage being derived from the trade mark or the distinctiveness or reputation of the trade mark being impaired.