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DISPUTE RESOLUTION

MARCH 2010 FEBRUARY 2010 DECEMBER 2009 / JANUARY 2010
  • 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

  • Beware the in-house IP thieves

    As the economic downturn bites, in-house IP theft is on the rise. Martin Baldock explains the role of computer forensics in catching the culprits and provides advice on keeping your data safe

  • Decide whose law applies

    The EU has set out rules for determining whose law applies to contractual or non-contractual conflicts. Aurélia Marie outlines how they should be applied to cross-border IP disputes

  • IP Clinic: How can we minimise the cost of litigation?

    We are about to embark on major litigation. However, we want to ensure the costs are kept under control. What measures can we take?

  • Supreme Court hears business method battle

    Eileen McDermott reports from Washington DC on the oral arguments in the Bilski case

  • Questions sent to ECJ in transhipment cases

    Europe's highest court has been asked to rule on whether fake goods in transit through the EU can be seized by Customs, report James Nurton and Emma Barraclough

NOVEMBER 2009 OCTOBER 2009 SEPTEMBER 2009
  • Avoid a PR disaster in Asia

    IP lobbying extends to more than just official policy making. Peter Ollier looks at how companies can ensure that their voice is heard during litigation in Asia

  • How to avoid company name clashes

    Trade mark owners who want to stop other businesses from incorporating their marks into company names have a range of options open to them. Managing IP asked correspondents in six jurisdictions to outline the rules

  • How to get a green business method patent post-Bilski

    Demand for patents over so-called green business methods is rising, just as standards of patent eligibility in the US have been significantly narrowed. Joseph Helmsen and Ritu Singh explain how to draft claims to meet the new test

JULY / AUGUST 2009 JUNE 2009
  • How to win with court-appointed experts

    More judges may start appointing independent experts to help juries understand technical issues in patent cases. This is how to turn the trend to your advantage

  • A litigant's guide to collateral estoppel

    The doctrine of collateral estoppel can assist parties facing costly litigation. Robert Berezin and Carmen Bremer consider how it can be invoked in patent disputes

MAY 2009
  • Japan's Customs crackdown

    Yasuhito Suzuki explains how brand owners can use Japan's Customs authorities to reduce the number of fakes being imported into the country

  • What to do when an advert goes too far

    The economic downturn has prompted an increase in assertive advertising in sectors such as groceries and financial services. Advertising regulatory bodies in Europe provide a practical approach for companies wishing to curb the advertising excesses of their competitors

  • The false promise of injunction clauses

    Frederick A Brodie and Nathan R Smith advise parties to be cautious about relying upon injunctive relief provided in contracts administering IP rights

  • Korea's parallel problems

    Parallel imports are becoming increasingly common in South Korea. Young-Hill Liew looks at what options are available to brand owners who want to restrict them

  • Europe's trade mark decisions reviewed

    Despite the importance of OHIM and the ECJ, national courts still play an important role in Europe. Joel Barry reviews recent decisions in France, Italy, Germany, Greece, Ireland and the ECJ

  • Record patent settlement in China

    Schneider and Chint reach a $23 million deal in utility model patent case

  • Letter: Patent reform needed for innovation to beat recession

    From Ilya Kazi, partner, Mathys & Squire, London

APRIL 2009 MARCH 2009
  • A pan-European guide to obtaining evidence

    Mark Marfé introduces a survey on obtaining evidence of infringement in the UK, Germany, France and the Netherlands, and looks at how US discovery can help a European case

FEBRUARY 2009 DECEMBER 2008 / JANUARY 2009 NOVEMBER 2008
  • Mediation spells trade dress success

    Richard Posell explains why mediation may be a particularly attractive option for resolving trade dress disputes

  • Combat grey market goods in the US

    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

  • US set to lose WTO criminal thresholds case against China

    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

  • Korean court confirms pro-brand trend

    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

  • Software patents under scrutiny in Europe

    The EPO's Enlarged Board of Appeal is set to give a definitive ruling on the patentability of computer programs in Europe

  • Federal Circuit clarifies business method patents test

    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

  • Federal Circuit curbs ITC jurisdiction

    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

  • Birth of a rocket-docket

    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

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March 2010


COVER STORY:
The eight mistakes brand owners make in China

Peter Ollier explains the avoidable errors that brand owners keep on making when using China's trade mark system