Cover Story

• The tasks of Tian

  

  China's developing IP system faces some big tests in 2009. Janice Qu and Peter Ollier spoke with SIPO commissioner Tian Lipu about patent amendments, the National IP Strategy and the Office's global role

Features

• Top patent firms revealed

  Managing IP presents the first part of its annual survey, ranking the leading firms for patent work in 70 jurisdictions

• Patent survey results: Africa and Middle East

• Patent survey results: Americas

• Patent survey results: Asia

• Patent survey results: Europe

• ECJ clarifies dilution test for well-known brands

  Felicity Hide and Birgit Clark examine the ECJ's recent decision on the dilution test in Intel and look at the practical implications for owners of famous brands

• US and European courts split over fair use

  Emily Kirsch and Alexander Klett explore how contradictory European and US decisions on fair use in cases involving Google thumbnails can be instructive in developing your online business

• How to protect 3D shapes in Europe

  Trade marks can be an effective way to protect products and packaging. Mark Shillito and Heather Newton consider what Community trade mark law has to offer

• Why US juries are pro-plaintiff

  Corporate defendants face an uphill battle in patent infringement cases - but not for the reasons their lawyers usually cite. Chuck Kauffman and Casey Anderson explain

• Protect your secrets in China

  Companies in China often find it difficult to protect their trade secrets and know-how. Daniel Plane explains what legal means are available

• A practical approach to calculating damages

  Many brand owners risk counterfeiting in Russia. While the authorities can help prosecute infringers, explain Daria Ermolina and Nikita Rodionov, obtaining damages is down to you

• Letter from the editor

News Analysis

• Federal Circuit decision sparks end of rocket-docket

  

  When the Federal Circuit granted TS Tech USA Corporation's petition seeking transfer of its case out of the Eastern District of Texas at the end of December, patent plaintiffs around the globe collectively gasped. Eileen McDermott reports

• UDRP cases set to go electronic

  The Czech Arbitration Court last month launched a pilot programme enabling brand owners to file UDRP complaints online

• China passes patent law amendments

  The introduction of absolute novelty and a system requiring companies in China to seek permission from SIPO before filing abroad are among patent amendments approved in China

• RIAA's new piracy plan criticised

  The Recording Industry Association of America is to halt its campaign against peer-to-peer file sharers in favour of a new and perhaps equally controversial tactic

• Why the internet has killed entertainment's business model

  Author Andrew Keen described existing business models of selling books and music online as "essentially dead" last month

• Promotional distribution is not genuine trade mark use

  Giving out promotional items does not amount to making genuine use of a trade mark in the class covering those items, the ECJ ruled last month

IP Clinic

• How can I best manage the e-discovery process in the US?

  My company is facing increased litigation in the US and I am concerned about the amount of e-discovery required. How can I minimise costs while still fulfilling obligations?

Diary

• Utynam's Heirs

  A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449

Country Updates

• Africa - Sun International wins domain name dispute in South Africa

• Argentina - Data exclusivity challenges

• Australia - Design infringement relies on the informed user

• Austria - When reputation does not equal reputation

• Canada - Design requirements

• China (PRC) - New Patents Law promulgated

• Germany - How patentees can cut the cost of nullity proceedings

• India - Trade mark holder scores Absolut victory

• Italy - End of the road for Tocai Friulano battle

• Japan - JPO to review patentable subject matter criteria

• Malaysia - Court nullifies trade description order

• Mexico - IP court instituted

• New Zealand - The copyright commissioning conundrum

• Philippines - Levi's loses jeans trade mark battle

• Russia - Court recognised infringement but stopped there

• Singapore - Singapore Treaty to enter into force

• South Korea - KIPO's PCT popularity

• Taiwan - Contributory infringement introduced

• Thailand - Supreme Court rules on licence agreements

• Turkey - A patch for cancelled anti-infringement clauses

• Copyright protection in digital context

• United Kingdom - Information Commissioner to get new powers

• Cost and duration of patent litigation

• Excusable neglect

• Patent issuance constitutes notice

• Vietnam - Vietnam issues regulations on domain name dispute resolution