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Stephen Whybrow, CMS Cameron McKenna, London

One of the key issues in the complex of problems surrounding exhaustion is the question of whether goods bearing the mark of a trade mark owner have been put on the market with that owner's consent. If so, the trade mark owner cannot prohibit parallel-importers from importing the goods into the EEA, according to article 7, section 1 of the Harmonization Directive (89/104/EEC).

Ralph Cunningham, Hong Kong

Programme formats can be a goldmine but to what extent can they attract IP rights? Lyndsay Gough looks at some of the issues facing those seeking to exploit and protect them

One case that has cast some light on co-ownership of trade marks in Singapore is Ng Chu Chong (trading as Grand Am Fashion Enterprise) v Ng Swee Choon & Ors (Suit No 1108 of 2001/E). Here the plaintiff and his sister, the first defendant, entered into a partnership called Grand Am Fashion Enterprise (Grand Am) to manufacture and sell fashion apparel under the trademark, McBlue. The trademark was created by the first defendant for the partnership and was registered in their joint names, trading as Grand Am. Subsequently, the first defendant withdrew from the partnership due to an impending bankruptcy but continued to work for the plaintiff as an employee. The plaintiff thereafter discovered that another partnership belonging to the first defendant's sister-in-law, named GA Fashion Apparel (GA) was marketing goods bearing the McBlue trade mark. The plaintiff brought an action against the defendants for trade mark infringement and applied for permanent injunction. The first defendant argued that she was entitled as a joint proprietor to authorize GA to purchase and deal with goods bearing the McBlue trade mark.

A company’s infrastructure is like a spider’s web in which information must be trapped and digested. This image conveys aptly one of the most challenging aspects of an IP manager’s job: capturing invention information, writes Janice Denoncourt

The Korean government has traditionally held the rights to inventions in national and public universities. But new technology transfer legislation will change that. Researchers will now have an incentive to commercialize their inventions, writes Man-Gi Paik

"A world patent is the eventual aim but this is difficult in the near future"

Lucian Enescu In Romania, the holder of a previously registered trade mark (or application), or of a notorious trade mark may, under law no 84/1998, file an opposition to the registration of a new trade mark (within three months from the date when it was published in the Official Gazette). The opponent may consider the new sign as being prejudicial to their previous right if it is identical or similar to their own trade mark or if it protects identical or similar products as the ones protected by their own trade mark. An assessment in the case of identical marks is simpler. For similar trade marks, three possible types of similarity must be considered when analyzing a new trade mark for registration: visual, phonetic and semantic.

Dr Gavin D Recchia and Dr Andrew N Blattman of Ella Cheong Mirandah & Sprusons in Singapore examine how to obtain protection for genes in Singapore