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  • 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.
  • In recent years the Japanese IP High Court and the Board of Patent Appeals (BPA) at the Japan Patent Office have rejected many patent applications and also nullified many granted patents by simply using an obvious-to-try reasoning to prove obviousness. This has received heavy criticism from the industry and the bar groups in Japan.
  • 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.
  • 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.
  • Wayne Condon and Eliza Saunders explain how IP owners should incorporate innovation patents into their IP strategy down under
  • 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
  • Following plans to include Israel among the OECD countries, the US is considering downgrading Israel from the US Special 301 Priority Watch List of serious IP offenders. The change is, however, dependent on Israel amending its Patent Law to make it easier to obtain extensions for pharmaceutical patents.
  • A growing number of high-tech companies that built their businesses on the back of proprietary IP are experimenting with open-source. Mark Kenrick explains why
  • Chinese companies are filing record number of IP applications and enforcing their rights through an increasingly sophisticated legal system. Gary Zhang, Xiang An, Jinhua Lu and Guangliang Zhang of China Sinda explain why 2009 was a watershed year for IP in the country
  • It has been a mixed 12 months for IP owners in China. Progress has been made in a number of areas such as the successful introduction of the Patent Law amendments and implementing regulations, but some moves by the government on national standards and indigenous innovation have raised fears that foreign IP owners will face discrimination.