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  • There are two routes to obtaining well-known trade mark protection in China. Qiang Ma of Unitalen Attorneys at Law explains how the system works, and why reform is needed
  • William Yang and Richard Yong Wang of Panawell & Partners look at what strategies defendants can use during patent litigation in China
  • With a significantly higher level of regulation over trade mark licences introduced by the 2007 trade mark law, we might have expected to see an increase in the number of licence recordals, but that is not apparent from the number of licences published in the official journal.
  • Mexican intellectual property law protects producers, manufacturers, and service providers of all types from having the distinctive features of their products copied, exploited or reproduced without the proper authorisation.
  • The Supreme Court has set important precedents on business method patents in Korea by hearing two cases.
  • Confidential information relating can take the form of any business formula, process, R&D capabilities, client-related or operational information that ought to be protected as a trade secret. Any breach in handling such confidential information violates the IP rights of the concerned party and has been pursued through the courts on many occasions. The Delhi High Court has deliberated on the misuse of confidential information relating to industrial drawings and the grant of permanent injunction to restrain those drawings in case of Action Construction Equipment v Gulati Industrial Fabric P Ltd IA no 10073/2006 IN CS(OS) no 1740/2006.
  • The Canadian Federal Court emphasised the importance of filing a patent application with the correct set of figures in Scannex Technologies, LLC v Attorney General of Canada (2009 FC 1068). After a US patent application was filed, a corresponding international patent application was filed under the Patent Cooperation Treaty (PCT) with a different and thus incorrect set of figures. This PCT application entered the national phase in Canada as a Canadian patent application. The applicant requested that the Commissioner of Patents substitute the incorrect figures in the Patent Application with correct figures pursuant to section 8 of the Patent Act, which affords the Commissioner the discretion to correct clerical errors. In support, the applicant filed an affidavit stating that incorrect figures were filed due to the unintentional error of a clerk of the applicant's agent in the US, and filed a certified copy of the US patent application containing the correct figures. Notwithstanding the applicant's efforts, the Commissioner refused to correct the figures. The applicant then applied to the Federal Court for judicial review.
  • With companies struggling to adapt from traditional to digital models of generating revenue from copyrighted content, a number of businesses have lessons to offer content owners. Eileen McDermott reports
  • Seven years after LVMH sued Google over its AdWords programme, Europe’s top court has ruled that the search engine is not liable under EU trade mark law. But that’s far from the end of the story
  • Canada: The Supreme Court of Canada refused to allow the Canadian Private Copying Collective to appeal a December 2004 Federal Court of Appeal decision that a levy on memory permanently embedded in digital audio recorders, commonly referred to as the piracy tax, was invalid. The tax, which Canada's Copyright Board promoted as a protection against copyright infringement, had been in place for a year.