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  • India has made various changes in the trade mark arena. These include improvements in infrastructure, and changes in the law and procedure. Nikhil Krishnamurthy of Anand and Anand Advocates takes a look at the developments over the past year
  • Brand splitting can be an effective way to increase revenues for rights owners and licensees. Cerryg Jones and Declan Cushley of Wragge & Co examine the issues you should consider when splitting a brand
  • The rights of authors and artists over works, including unpublished manuscripts, under EU copyright harmonization legislation has been clarified following a UK High Court decision involving the estate of author James Joyce and Macmillan Publishers.
  • New policy documents attempt to clear up uncertainties about the crime of counterfeiting in China. It should be useful for IP owners, but Tony Tang says elements of the criminal prosecution rules need further clarification
  • In SmithKline Beecham v Generics (UK) Ltd (Jacob J Patents Court; October 23 2001), the Court injuncted Generics (UK) Ltd until trial (now fixed for March 2002) from launching its paroxetine pharmaceutical in the UK. Paroxetine is an active ingredient in some pharmaceuticals for treating depression. SmithKline Beecham's UK patent 2 297 550 covered only particular forms of paroxetine hydrochloride anyhdrate. Generics denied that its form of paroxetine fell within the patent and attacked validity too, but was nevertheless injuncted, pending trial.
  • WTO membership means being subject to the Organization’s dispute resolution mechanism. While the system has proved effective in resolving IP disputes, do not expect it to have a dramatic effect on enforcement in China, says Douglas Clark
  • Membership of the global trade body is another boost to IP protection in China. But how soon the boost will come is uncertain. Things will get better but not immediately. Ralph Cunningham reports
  • INTA, Trade Mark Enforcement, December 3-4, Forum Hotel, Munich, Germany. Details at www.inta.org.
  • ?The issue is how effective the central government will be in enforcing regulations in the local municipalities where there are a lot of vested interests who want to keep infringement going?
  • One of the main reasons for which trade mark registrations in Mexico are denied is descriptiveness, as a trade mark shall not represent an unjustified benefit for a merchant or a service provider against his or her competitors.