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  • With more generic companies looking to launch drugs before patents expire, Nick Andrews and Hitesh Patel calculate the financial risk they are taking
  • James Whymark explains how to engage an investigator into counterfeiting, including which investigative techniques are legal and what evidence is admissible
  • The importance of both brands and innovation is forcing IP to the top of the agenda in acquisitions, transfers and takeovers. Simon Crompton picks five examples from the past year
  • European patents, particularly pharmaceuticals, are under more pressure than ever from competition authorities. Euan Burrows, Victoire Binchet and Ian Starr give advice for those owning the ultimate anti-competitive instrument: a patent
  • Using examples of drugs and companies, Dr Andreas Persidis gives tips on how to establish a systematic drug repositioning programme
  • The law on fair use or fair dealing varies more than many think, with countries like Israel, Japan and South Korea implementing US-type reforms and the UK consulting on it. Local lawyers from six countries give their advice on an area of law that often varies substantially by culture
  • The battle for the Village People in Newport, dancing on the streets in Sierra Leone and an odd way to deal with a Situation
  • The in-house counsel Developing and maintaining a working relationship with Customs authorities is a powerful tool in stopping the shipment of counterfeit products. Ideally, if a company has problems with counterfeit products, it should employ staff who can regularly meet with and interact with Customs authorities with the aim of encouraging authorities to take action on the import or export of suspicious items.
  • On April 1 2011, Ministry of Finance of Vietnam (MOF) promulgated Circular 44/2011/TT-BTC guiding the anti-counterfeiting tasks and protection measures for IP rights at Customs. The Circular provides detailed procedures, actions and documents to be submitted to specific Customs Offices (CO) or the General Customs Department (GCD) under the supervision of the Ministry, requesting the CO/GCD to apply necessary statutory measures at the border gates for protection of rights of IP holders. Such measures would be some or all of the following: control on import-export goods related to IP rights, temporary suspension of customs procedure, customs inspection and supervision.
  • Residual goodwill is the association that a consumer has between a trade mark that may no longer be in active use and its original source. The legal implications of a trade mark's residual goodwill often become significant when third parties attempt to secure rights to it to profit from consumers' nostalgia for older brands. Typically, a new party hoping to revitalise an otherwise dormant trade mark will take steps to cancel the owner's registration based on allegations of abandonment.