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In Thailand, most IP owners prefer to proceed with their cases under criminal law due to the uncertainty of obtaining compensation, costs to litigate the full court case, delays of trials and other difficulties often associated with civil litigation. The advantage of prosecuting an IP case as a criminal action is that it can result in seizure of the infringing products. The infringer would cease or hold manufacturing and distributing their infringing products and would be prosecuted in a criminal lawsuit by the police and the public prosecutor.

Article 269 (1) of the Portuguese Industrial Property Code states that "forfeiture of a registration shall be declared if the trade mark has not been the object of serious use for a period of five consecutive years, unless there are just grounds for the non-use".

The Federal Supreme Court recently decided on whether the Patent Office may rightfully register a patent licence solely on the request of the licensee. This was the practice of the Office in view of the fact that the Patent Act provides no specific rules as to who may apply for the registration of a licence and whether it is sufficient for proof of title to file the licence contract, or whether an explicit consent of the patent owner is needed; the Act also does not provide any rules on how the Registrar should act if it is contentious whether a licence contract is (still) valid or not.

My company is considering selling a patent portfolio at an auction. Is this a good idea and what do I need to know about commercialising our technology this way?

According to official statistics, 370 design registrations were granted and renewed in Syria in 2008 compared to 468 in 2007 (the numbers for 2009 are not yet available). The number of applications for registration filed in 2008 was 331 compared to 385 in 2007.

Secretive negotiations are underway for an international anti-counterfeiting deal. But what will ACTA mean for Europe? Marlous Stal-Hilders of Nederlandsch Octrooibureau explains

A recent court ruling suggests that IP owners may be able to protect their data with the so-called hot news doctrine. Steven Pokotilow, Ian DiBernardo and Richard Eskew explain the implications

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 diary@managingip.com

Under US bankruptcy law, any license of intellectual property rights is considered to be an "executory contract" and, upon the filing for bankruptcy, the trustee in bankruptcy or debtor-in-possession has the option to reject or assume such licences (subject to other caveats and issues addressed in the US Bankruptcy Code). Among the attributes unique to US bankruptcy law, the US Bankruptcy Code grants certain protections to copyright and patent licensees (although not trademark licensees) in the event that the licensor files for bankruptcy. Specifically, Section 365(n) of the US Bankruptcy Code allows for an election by the non-debtor licensee to continue using the licensed property post-bankruptcy even if the licensor rejects the contract (provided that it continues to make all royalty payments due and performs under the contract for the duration thereof).

Counterfeiters often use Mexico as a gateway to Central and Latin America. So stopping fakes both at the border and inside the country can be very cost effective. Sergio Rangel of Olivares & Cia outlines the best strategies