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  • Any individual proving that an Andean provision affects his or her subjective rights or legitimate interests is entitled to bring a nullity action against the provision in question. This was recently stated by the Andean Court of Justice in a nullity action brought by an individual against a number of articles of Decision 486 of 2000, the Industrial Property Common Regime applicable in Bolivia, Colombia, Ecuador, Peru and Venezuela.
  • What are your favourite brands of tea, coffee, soft drink and whisky? If your answers are Lipton, Nescafe, Coca-Cola and Johnny Walker then your answers are not far away from those given by consumers polled in Readers' Digest's annual survey conducted in six Asian markets namely Singapore, Malaysia, Thailand, the Philippines, Taiwan and Hong Kong. Respondents were asked to rate different brands of goods and services from a range of one to five. The score would reveal the respondent's preferred brand in 37 categories which included their preferred airline, shampoo and conditioner, instant noodles, mineral water, car, watch, cooking oil, air conditioner and hotel.
  • Interview: Mozelle W Thompson, Federal Trade Commission Mozelle W Thompson is a Commissioner with the Federal Trade Commission in Washington DC. A lawyer by profession, he worked at the US Treasury Department and was formerly general counsel at the New York State Finance Agency. The FTC, along with the Department of Justice, is holding hearings on the intersection between antitrust and IP law and policy. Sam Mamudi asked Thompson about his role.
  • Geographical indications are a critical issue for India where many distinctive products have originated. The Indian government has introduced its own imperfect legislation but what is really needed are rules at the international level, argues Latha R
  • The ECJ was called upon to clarify a trade mark’s role as a badge of allegiance or badge of origin. Lee Curtis examines the Advocate General’s opinion in the Arsenal case.
  • The Delhi High Court has come to the aid of the owners of broadcasting rights to the football World Cup. Owners of other Indian IP rights with a limited shelf life should be satisfied with the result, argue Pravin Anand and Shamnad Basheer
  • There is an anomaly in the law of exhaustion of rights between national trade marks governed by the Trade Marks Directive and Community Trade Marks (CTMs) governed by the Trade Marks Regulation. It is well known that article 7(1) of the Directive provides for community exhaustion and that pursuant to the EEA Agreement, this rule has been expanded to give rise to EEA exhaustion. Therefore, if goods are put on the market with the consent of the trade mark owner in Norway, Iceland, Liechtenstein or any of the EU member states, then the exclusive rights given by the national trade marks are exhausted.
  • The Mexican Industrial Property Law (IPL) grants a patentee the right for the exclusive exploitation of the patented invention. Therefore, the patent gives the right to exclude others from making, using, offering for sale or importing the covered invention. Briefly, in a patent infringement action the plaintiff must prove the following:
  • Edward Kelly and David McGinty, Tilleke & Gibbins International, Bangkok
  • Margareta Oproiu of Cabinet Oproiu in Bucharest explains the main provisions of the amendments to the Romanian Patents Act which come into force in August this year