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Top ten trials


Courts around the world dealt with some cutting-edge IP cases during 2009. Managing IP's team of journalists explain how the winning side prevailed in 10 of the most important

The cases profiled over the next 13 pages deal with a range of disputes – from the way that ambush marketing laws are applied to novel marketing methods in South Africa to the protection of bus designs in China. Many of them push the boundaries of the law, raising questions about the liability of internet platforms for copyright infringement, what is patentable subject matter and what constitutes unfair advantage.

But rather than focus just on the legal decisions, we have gone behind the headlines to talk to the in-house counsel, lawyers and advisers who managed the litigation and helped their clients win their cases. We asked them what tactics they had used and how those tactics helped determine the outcome of the case. We found out what they might have done differently and why some of them had pursued the litigation despite losing in lower courts. Here is what they...


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