Cover Story

• The great copyright debate

  

  Activist Lawrence Lessig says the outdated copyright system criminalises a generation and needs fundamental changes. But Eileen McDermott finds that practitioners have serious doubts about his proposals. PLUS: Lessig responds to his critics

Features

• Trade mark survey: Introduction: ACTA gives hope to trade mark owners

  Peter Ollier introduces the Managing IP trade mark survey results, and looks at how a proposed trade agreement could help tackle global counterfeiting and piracy

• Trade mark survey results: Americas

• Trade mark survey results: Asia

• Trade mark survey results: Europe

• Trade mark survey results: Middle East and Africa

• How to protect your IP rights at trade fairs

  

  Organisers estimate that up to 9% of goods presented at German trade fairs infringe IP rights. Bernd Rupprecht explains how IP owners can tackle and deter the threat

• Harness the power of your domain

  Elisa Cooper advises brand owners to maximise the potential of a domain name portfolio in an economic downturn

• Cash in your unused brands

  Steve Hoffman and W Drew Kastner tell technology companies how to turn trade mark licensing programmes into a cash cow

• 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

• Ruling boosts IP owners in internet cases

  An Israeli court has ordered Google Israel and a local ISP to disclose information relating to subscribers suspected of online piracy. Gadi Oron argues that the decision will be invaluable for IP owners

• The Latin American patent challenge

  Patent protection and enforcement can be a complex undertaking in Latin America. Eileen McDermott asked corporate and private practice IP professionals from four different countries, as well as one WIPO official, to discuss key issues and strategies for patent owners seeking to do business in the region

• Letter from the editor

News Analysis

• Bus company drives off with design damages in China

  

  German bus maker Neoplan has won a landmark case after two Chinese companies were found to have copied the design of its buses

• L’Oréal opinion welcomed as positive for brand owners

  Trade mark practitioners have broadly welcomed last month's opinion by the European Court of Justice on comparative advertising and trade mark infringement

• FTC antitrust war wages on

  The US Federal Trade Commission's campaign against reverse payments between innovator pharmaceutical companies and generics stepped up a gear last month

• Americas

• Asia

• Moves

IP Clinic

• How should I decide which patents not to renew?

  Given the economic situation, my company is looking to cut costs from our IP department and one option is not to renew some of our patent portfolio. Which factors should I consider in deciding which patents not to renew?

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 - South African ASA protects trade dress

• Argentina - Legal protection of copyright

• Australia - Monstrous brand theft thwarted

• Austria - Austrians tend to use their trade marks for free

• Canada - New opposition procedures

• China (PRC) - Supreme Court clarifies evidence filing rules

• Germany - Basic RNAi patent revoked

• India - Exclusive fashion gets copyright protection

• Italy - New expiry dates for SPCs

• Japan - Courts decide to keep records secret

• Malaysia - How to take action against counterfeits

• Mexico - New trade mark renewal procedures

• Netherlands - Remarkable patent case analysed

• New Zealand - Patent filing system changed

• Peru - Cracking down on infringers

• Philippines - Cable retransmission not copyright infringement

• Russia - Cayenne too spicy for Customs

• Singapore - Patents Act amended to comply with TRIPs

• Taiwan - Courts given authority to invalidate patents

• Thailand - Alternative dispute resolution takes off

• How the DMCA can help settle disputes

• United Kingdom - New UKIPO guidance on software patents

• Pharmaceutical method patents at risk

• Trade mark monitoring

• Vietnam - Government initiatives help rights holders