GEOGRAPHICAL INDICATION (GI) APPLICATION FOR ‘DARJEELING’ IN EUROPE
The Tea Board of India filed an application on 12th November 2007 in Brussels to register Darjeeling as a Geographical Indication (GI) in the European Union (EU) under ECR510. This is the first agri-product from India seeking an international protection. Darjeeling was the first GI to be registered in India and is the first application for registration of a tea in Europe. A major portion of the annual production of Darjeeling tea is exported, the key markets being Japan, Russia, the US and the EU countries. It might be another two years or so before the EU registration would be available.

USPTO PRELIMINARILY ENJOINED FROM IMPLEMENTING NEW CONTINUATION RULES
US District Court for the Eastern District of Virginia issued a preliminary injunction against the USPTO implementing its new rules limiting continuations and claims examined. The District Court noted that GSK has raised substantial issues related to the legality of the proposed rules. The rules were scheduled to take effect beginning November 1st.

CHANGES TO THE HAGUE SYSTEM FOR THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
At its recent session in Geneva, the Assembly of the Hague Union approved a number of changes to the administration of the Hague system. The changes will come into effect beginning January 1, 2008. The changes include a simplification of the fee structure and procedures. Specifically, the following changes are accepted.

1. Distinction between reproductions to be published in black & white and in colour has been eliminated, and beginning January 1, 2008, there will be a single fee per reproduction (17 Swiss francs).
2. The standard fees have been revised. The Hague Assembly has approved an amendment of Rule 12(1)(a)(ii) and (iii) of the Common Regulations under the Hague system, along with a consequential amendment of the Schedule of Fees, for the purpose of introducing three different levels of the standard designation fee, as follows:
1. level one, for Contracting Parties whose Office does not carry out examination on substantive grounds;
2. level two, for Contracting Parties whose Office carries out examination on substantive grounds other than novelty (for example, on issues such as the definition of a design, public order and morality, or the protection of State emblems);
3. level three, for Contracting Parties whose Office carries out examination on substantive grounds, including a limited examination as to novelty (for example, an examination as to local novelty only, when the criterion for the validity of the design right is worldwide novelty), or examination as to novelty following opposition by third parties.

The application of levels two or three will be dependent on the making of a declaration by Contracting Parties, indicating the level of examination carried out by their Office. Otherwise, level one will apply by default.

1. Fees for Applicants from Least Developed Countries (LDCs) have been reduced.

The WIPO has also announced that the Council of the European Union has deposited the instrument of accession of the European Community to the Geneva (1999) Act of the Hague Agreement. The 1999 Act will enter into force with respect to the European Community on January 1, 2008.

INTERNATIONAL PATENT COOPERATION
The USPTO, the European Patent Office (EPO) and the Japan Patent Office (JPO) recently signed a memorandum of understanding (MoU) aimed at addressing key challenges in the patent practise including increasing workload and complexity. The key areas covered in this MoU include coordinating work sharing, improving on quality of applications, and harmonizing/standardizing searching procedures. Importantly, the three patent offices have also agreed on a common application format (not yet available) which will allow applicants to prepare a single acceptable application format in each of the three Offices.

CHANDRASHEKARAN EXCLUDED FROM NOVARTIS APPEAL
Madras High Court bench has excluded out former Controller General of Patents Mr. S. Chandrashekaran from IPAB panel. Now the IPAB panel will be headed by Chairman Justice M.H.S. Ansari and Vice Chairman Mr. Z.S.Negi in Novartis' appeal.

TARZAN'S YELL CANNOT BE TRADEMARKED
The Office for Harmonisation in the Internal Market (OHIM) decided that an application for registration of Tarzan’s yell cannot be a trademark. An image of a wave form representation and a spectrogram of the frequencies of the yell were produced with the application to represent the sound graphically. The sound is definitely distinct but it cannot be represented graphically so it is not possible to grant a trademark for the same. Only those sounds can be registered which can be written in standard musical notation.