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The exclusive rights of a trade mark proprietor and the interests of competitors and the general public in free trade require a compromise, so that in certain instances third party use of the trade mark cannot be prohibited. Such constellations are inter alia mentioned in Section 23 of the 1994 German Trade Mark Act, which permits the use of a third party's own name or address (number 1), the use of an indication concerning the characteristics or features of the goods or services (number 2) or where such use is necessary to indicate the intended purpose of a product, in particular as an accessory or spare part or a service, insofar as the use is necessary for it (number 3), provided the use is not contrary to the principles of morality.

Decisive action and planning by in-house counsel can help a company facing patent infringement gain an early advantage, maintain H Dickson Burton and Krista Weber Powell of TraskBritt in the US

The advent of computers and electronic communication has added a new dimension to preserving evidence, explains Glen P Belvis of Brinks Hofer Gilson & Lione

The Federal Circuit was born on October 1 1982, due in large part to pressure from US patent owners looking for judicial consistency to safeguard their innovations. With the court approaching its 21st anniversary, Sam Mamudi looks at how effectively it has fulfilled its mission

When considering taking action for patent infringement in Mexico it is wise to consider traditional avenues as well as recent litigation trends, explains Alejandro Luna of Olivares & Cia in Mexico City

Trade mark applicants in the Andean Community are disadvantaged by procedural rules that hinder the chances of a fair decision, argues Emilio Ferrero of Cavelier Abogados

Marcos Morales of Silva & Cia in Santiago illustrates how the recent Free Trade Agreement between Chile and the US will affect IP rights and regulations in the two countries

IP litigators and their clients are scrambling to revise enforcement strategies to keep up with new developments in the law, while keeping a close eye on the next few months, discuss Elliott S Simcoe and L Catherine Eckenswiller of Smart & Biggar/Fetherstonhaugh in Ottawa

Recent decisions by the Argentine courts are encouraging as far as observing patents rights, by making effective the provisional measures discussed in Article 50 of the TRIPs Agreement. Federico A Aulmann from Obligado & Cia examines the matter

Alberto Berton Moreno, president of ASIPI, tells MIP what the organization aims to achieve, and explains why there is resistance to joining the Madrid Protocol among the countries of Latin America