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Ingrid Hering, London

James Nurton, London

Jeffrey Berkowitz, partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

James Nurton in London

Michiel Rijskijk Will the international exhaustion rule be applicable in Europe in the near future, just as The Netherlands, Denmark and Sweden knew it a long time ago in their respective trade mark laws? What could the consequences thereof be for industry, specifically the pharmaceutical industry? Case law in The Netherlands at the end of the 1950s provides that when goods protected by a trade mark have been brought on the market with the consent of the proprietor, the trade mark right in respect of that product is exhausted. This international exhaustion rule is also included in the Benelux Trade Mark Act of 1971. Under the influence of industry lobbying inter alia more voices were raised in the 1960s and 1970s demanding that the European market should be protected against parallel imports. The European Court of Justice on October 31 1971 in the Centrafarm Winthrop case (C-16/74) for the first time ruled that the proprietor of a trade mark is not permitted to prohibit a product being brought onto the market in one EEC member state if it was brought on the market in another EEC member state with the consent of the proprietor.

Dene Yeaman and Dan Ryan argue that China’s accession to the WTO presents a new opportunity to reform the country’s competition law and strengthen the legal protection of commercial reputation

While trade mark owners have seven different options when it comes to choosing a domain name in Thailand, they don’t have any legislation which deals directly with cybersquatting. Tananya Huyanan and Jeremy Golden explain

Interview: Frank Hellwig, Anheuser-Busch James Nurton speaks to Anheuser-Busch’s head of IP about victory in Russia and the battle for the Bud mark

Music Broadcast Pvt, the plaintiff, is a company that has been granted permission by the Indian government to start FM radio stations in various cities. Phonographic Performance Ltd, the defendant, is a collecting society administering the public performance rights of publishers of sound recordings in India. Over the period of a year, Music Broadcast Pvt has invested huge sums of money, and has applied for, and obtained, all the necessary government clearances for commencing private radio broadcasts. The company has also obtained a licence to publicly perform musical works from the Indian Performers Right Society (IPRS), a collecting society which administers the public performance rights of composers and authors in India. The only remaining licence that was required to be obtained to commence the broadcasting of music was a licence from the defendant.

In April this year, the first sound trade mark was granted in Argentina. Gustavo Sena reveals how protection in the country encompasses a variety of non-traditional signs, and provides some illustrations of registered marks