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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

Petja Papula of Papula Oy in Helsinki assesses the success of the Eurasian patent system and the amendments that have been implemented since it was introduced in 1995

Wilbert Derks of Howrey, Simon, Arnold & White in London explains why the Netherlands is worth considering when acquiring and defending IP rights in Europe

The trend to harmonize intellectual property laws in Europe continues with the introduction of a proposed Directive on computer-implemented inventions; if the Directive is adopted in its current form it may mean Europe provides less patent protection for software than is currently available in the US, argues Michael Molineaux of Haarmann Hemmelrath in London

In a recent case, the ECJ affirmed that parallel importers can repackage pharmaceutical products for resale in the EU – but the court gave no guidance on how repackaging should be undertaken. Hiroshi Sheraton examines the decision