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  • Section 3 (1) of the 1994 German Trade Mark Act provides that "any signs, particularly words ... including colours and combinations of colours, which are capable of distinguishing the goods or services of one undertaking from those of other undertakings may be protected as trade marks." With this wording the 1994 statute exceeds the standards given by article 2 of the European Council Directive.
  • The EU Biotechnology Directive (98/44/EC) was controversial in the making and remains so. The member states of the EU had until July 31 2000 to transpose the Biotechnology Directive into their national legal systems. So far only five of them have done so.
  • Patent applications in biotechnology have grown dramatically in the past decade, throwing up many challenges and posing new problems for patent offices. Ingrid Hering speaks to examiners at the EPO and USPTO to find out how they are dealing with these issues
  • The International Trademark Association (INTA) hosted a session at the WTO Doha Symposium in Geneva from April 29 to May 1 on the impact of the Doha Agreement on geographical indications (GIs). The session revealed a divergence between the EU and US. The EU proposes that GI protection should be available for all products; the US maintains that only wines and spirits should benefit.
  • The Community Trade Mark Office in Alicante (Office for Harmonization in the Internal Market or OHIM) has appointed Bruno Machado to the new post of Boards of Appeal president, MIP has learned. His appointment has been recommended by OHIM's Administration Board and will be formally announced in June, after it has been confirmed by the EU Council of Ministers.
  • The landmark first domain name dispute to be put through the recently-launched formal resolution process in Singapore has been settled in favour of the registrant-respondent with entertainment giant Viacom International failing in its attempt to claim the domain name mtv.com.sg.
  • ? Canada: The Supreme Court reserved judgment on whether a genetically modified mouse, an experiment by Harvard University for cancer research, can be patented. The Federal Court of Appeal ruled in 2000 that patenting animals is not illegal. A decision is expected next autumn.
  • Ralph Cunningham, Hong Kong
  • Downloading free music in the form of MP3 files has been a point of discussion for a long time now. Only last year Napster, a file exchange program mainly used for music files, was closed down by a US judge. However, a Netherlands competitor to Napster, KaZaA, recently survived a controversial case against Buma/Stemra, the Netherlands agency for collecting copyrights.