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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

Use of the internet is increasing rapidly in China. Cedric Lam, Janet Wong and Grace Wong of Dorsey & Whitney explain how the country’s IP system is developing to protect copyright online

China’s courts are increasingly willing to hear actions for declarations of non-infringement of patents. Qi Wang and Shaohui Du of Deqi explain how to make the most of the procedure

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

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

When the USPTO issues a refusal to register a trade mark application based upon a likelihood of confusion with an existing third party registration covering a similar mark, one option that the owner of the refused application has available to it is to approach the owner of the cited registration to obtain a Consent to Registration. A Consent to Registration is essentially a written acknowledgement by the owner of a trade mark registration, which can be submitted to the PTO, attesting that there is no likelihood of confusion between the mark that is the subject of the existing registration and the mark that is the subject of the pending application.

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.

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.