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Richard Posell explains why mediation may be a particularly attractive option for resolving trade dress disputes
Case law surrounding grey market goods is still developing in the United States, but Ronald Dove and Hope Hamilton suggest some practical strategies for successfully preventing their importation and distribution
Last month the result of the US WTO case against China for poor IP enforcement was leaked and both sides won on different points. Peter Ollier looks at the implications
Salvatore Ferragamo last month won a key judgment from Korea's Supreme Court, in the latest in a series of rulings in favour of trade mark owners
The EPO's Enlarged Board of Appeal is set to give a definitive ruling on the patentability of computer programs in Europe
In the Bilski decision, the Federal Circuit last month reaffirmed that business methods are patentable in the US, but rejected the "useful, concrete, tangible" test set forth in previous opinions
The Federal Circuit last month ruled that the ITC could not extend a limited exclusion order barring the import of Qualcomm chips found to infringe Broadcom's patent to downstream products
US Magistrate Judge Stephen Crocker has recently taken on a bigger role at the nation's latest patent rocket-docket. Eileen McDermott spoke to him about how the Court will continue to handle the heavy patent caseload minus one judge, as well as what the future holds
"I work for a global company doing business in China. We have a problem with counterfeiters and I am not sure what is the best way to enforce my trade marks." Responses from a lawyer, in-house counsel and investigator
The Supreme Court's eBay decision made it harder for patent trolls to obtain injunctions. Bas de Blank and Fabio Marino explain why the ITC may give them an escape route
Managing IP asked correspondents in six jurisdictions that either have, or are considering introducing, pre- or post-grant opposition to address the key questions for patent owners
The Federal Circuit last month threw out the established test for design patent infringement in the US in what many are heralding as a long overdue shift in the design patent landscape
As more and more US courts become patent-savvy, it is important to understand the procedural differences between the main venues. Authors in five districts and the ITC answer your questions
The pre-trial Markman hearing that is standard in US patent infringement cases can provide parties the opportunity to bypass expensive litigation. Andrew Piatnicia explains how to maximise the possibilities
The EU directive to introduce a US-style Bolar provision promised to harmonise the law on clinical trials. But, says Marina Barnden, inconsistent application has led to uncertainty
Peter Ollier talks to Vincent Zhong, vice president of Netac Technology, the first Chinese company to sue an American rival in the US for patent infringement
The Federal Circuit will hear one of its most controversial cases before the end of 2008, as the USPTO appeals a lower district court ruling that its rule changes were unlawful
The House of Lords made its most important patent ruling in recent times when it clarified the test for obviousness in the UK. How have other courts dealt with this issue?
The Supreme Court's decision in Quanta v LG could make it harder for licensors to collect downstream royalties. Eileen McDermott explores the implications
Attorney-client privilege is an increasingly contentious issue worldwide. Jochen Bühling and Michael Jewess introduce a series of jurisdiction-based Q&A articles
IP licensing is a key tool in any company's belt. But several recent Supreme Court decisions could make the process trickier, say Edward E Vassallo and Swatee Jasoria
A review of seven jurisdictions shows that many disparities remain in enforcement in Europe. Canny IP owners can exploit these differences to their advantage
Ewa M Davison and Gary M Myles provide strategies for establishing non-obviousness in the biotechnology and pharmaceutical arts in light of the Supreme Court’s rejection of a rigid TSM test
A decision to recognize Coca-Cola's bottle as distinctive could force the Japan Patent Office to relax its guidelines on 3D trade marks
China's has approved a long-awaited National IP Strategy that commits the government to consider developing specialized IP courts
Hewlett-Packard was last month ordered by a jury to pay $184 million to Cornell University for patent infringement
Trade mark owners can prevent comparative advertising only if it creates a likelihood of confusion among consumers, according to the ECJ
Judges focused on whether or not to maintain the point of novelty test for determining design patent infringement in last month's hearing in Egyptian Goddess v Swisa
China's State Intellectual Property Office has denied rumours that it started an investigation into Microsoft for anti-monopoly activities
Branded and generic drugs companies could be more willing to compromise on IP rights, following the Pfizer/Ranbaxy settlement over Lipitor
Payless ShoeSource must pay $304 million to adidas for infringing its famed "three-stripe" mark
The Federal Circuit last month examined terms such as "tangible", "abstract", "concrete" and "transformative", in the closely watched In re Bilski hearing
Litigating to protect your IP rights can be a multi-million dollar exercise. Emma Barraclough outlines some funding options to ease the financial pain
IP owners need to understand their chances of being awarded costs before they take legal action to enforce their rights. Zeeger Vink explains the rules in Europe
At a recent web seminar organized in conjunction with Finnegan Henderson, two private practitioners, an in-house lawyer and an attorney at the International Trade Commission explained how plaintiffs and defendants can navigate their way around the rules
Mistakes made in the patent drafting process can come back to haunt litigants in the court room. Martin Sulsky and Raj S Davé explain how to avoid common drafting errors
China's Supreme People's Court has issued a new explanation clarifying when a court should accept a civil complaint against an infringing registered trade mark
A leading UK judge has called for a "one-stop patent shop" to cater to companies that do business across Europe, after finding a patent invalid just days after it was upheld by a court in the Netherlands
Tobacco company Philip Morris is taking action against grey market cigarettes, filing a complaint at the International Trade Commission last month
Weaker trade marks, such as those with a descriptive element, should benefit from a narrower scope of protection than highly distinctive marks, following a ruling in the UK last month
Japan's IP High Court celebrates its third anniversary in April. Yoshikazu Iwase looks at how its decisions so far have affected IP owners
Brand owners in the UK have lost the battle to have the right to take private action against lookalike products, such as supermarket own brands
Shwetasree Majumder and Lucy Harrold look at how pharmaceutical trade marks, data and medical devices are protected in India
The UK High Court has made its first declaration of non-essentiality (DONE) in a patent dispute between two telecoms companies
Biedermann Motech and its licensee DePuy Spine won a patent infringement case in one of the first decisions to apply the US Supreme Court's directives in KSR v Teleflex
A collecting society has reacted angrily to a German decision not to apply copyright levies to normal, everyday computer printers
Music buyers in the UK will soon pay less to download music from Apple's iTunes store after the US company said it would standardize music prices across Europe
A Beijing appeal court has upheld a lower court's decision to find Yahoo! China, the search engine owned by online commerce group Alibaba, liable for copyright infringement
The US Supreme Court has heard oral arguments in the closely watched patent exhaustion case Quanta Computer v LG Electronics
Indonesia's Supreme Court decided three much-anticipated IP cases in 2007. Lisa Yong and Zain Adnan explain what the decisions mean for rights holders in the country
Managing IP and Finnegan Henderson jointly hosted a roundtable in Beijing to discuss how to develop an enforcement strategy in China
Japan's highest court has handed down its first ruling on the issue of patent exhaustion
Recent damages awards demonstrate that Chinese courts will compensate IP owners for their losses, reports Emma Barraclough
James Nurton delves into the world of telecoms standards and patents and provides a guide to the disputes and players in pending litigation
IP owners have been given more clarity about the scope of protection for design rights after a UK court ruling on air freshener cans
The Delhi High Court has prevented an Indian publisher from selling fake versions of a Harry Potter book
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December 2008 / January 2009
COVER STORY: The IP world goes flat
Companies can save a lot of money by outsourcing their IP work, but it takes time and effort to get the process right. Peter Ollier assesses the options
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