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Jan Liu of LexField Law Offices in Beijing explains the procedures and strategies for trade mark infringement litigation in China, and reviews a recent case concerning the criteria for judging similarity

Zhao Jiaxing of KingSound & Partners analyses how the Patent Law amendments have affected the prosecution and enforcement of design patents

Hongyi Jiang of LexField Law Offices in Beijing provides a guide to patent litigation in China, focusing on the process, timing and award of damages

The conduct of a raid by authority of a judicial search warrant, preceding a criminal action for trade mark infringement or unfair competition is perceived by many trade mark owners as one of the more effective means of combating counterfeiting, because it allows for immediate seizure of the infringing goods and there is the threat of possible imprisonment of the infringers. Therefore, a raid yielding negative results is disappointing not only to the IP owners but also to the lawyers and enforcement agencies involved. It also emboldens the alleged infringers to file a suit for damages against the search warrant applicants. This was the situation in the case of Arthur Del Rosario and Alexander Del Rosario vs Hellenor Donato, Jr. and Rafael V. Gonzaga (docketed under GR no 180595), decided by the Supreme Court on March 5 2010.

A good portion of the practice of most IP law firms is in litigating against parties that infringe on US patents. But it is important to understand that infringement may occur in three different forms: direct infringement, inducement of infringement and contributory infringement.

On December 28 2009 the Supreme People's Court of China issued the Interpretation on Several Issues as to the Application of Laws Concerning Patent Infringement Cases. The Interpretation came into effect on January 1 2010.

The obligation to protect undisclosed test or other data necessary for the marketing approval of pharmaceutical or agricultural chemical products established by Article 39.3 of TRIPs is a matter of intense debate. It can be argued that scientific data protection constitutes a new and autonomous IP category, and that acknowledging data protection as a new IP category is the only suitable way to protect the data originator's right. GATT- TRIPs provides this acknowledgment.

Many African countries emerged from colonialism with common-law heritages. When considering treaties such as Paris, Madrid, the PCT and those pertaining to ARIPO, practitioners have been guided by the common-law rule: an international agreement can only become part of the domestic law of a subscribing country when it has expressly been enacted into that national law by an Act of Parliament.

Hulu has become one of the most popular places for US audiences to watch TV and movies online. Eileen McDermott examines whether the model has a fighting chance

As part of the Senate's compromise on patent reform proposed last month, a new provision on false patent marking would put an end to the recent proliferation of such cases