Search results for

AstraZeneca is using cutting-edge technology in a bid to keep counterfeits out of the supply chain. Emma Barraclough finds out how its new system will work

Peter Ollier, Hong Kong

Counterfeiting is the scourge of IP owners. But if they are to tackle the problem effectively, they need to understand why people disregard their IP rights and ensure they are using the latest enforcement techniques. MIP provides a guide. Peter Ollier, Emma Barraclough, James Nurton and Shahnaz Mahmud

US patent litigation is governed by what is known as the American Rule. The American Rule is that attorney fees are not awardable to the winning party (that is, each litigant must pay his own attorney fees) unless statutorily or contractually authorized. In patent infringement litigation, Section 285 of the Patent Act provides the statutory exception but only in exceptional cases. It states that the "court in exceptional cases may award reasonable attorney fees to the prevailing party". An award of attorneys' fees under Section 285, however, is only available in "limited circumstances" and "is an exception to the American Rule" (Forest Labs, Inc v Abbott Labs, 339 F3d 1324, 1329 (Fed Cir 2003)).

In 2005 the Dubai Customs Authority announced its plan to set up a dedicated Intellectual Property Unit (IPU) to help curb the import, export and trans-shipment of counterfeit goods and products through all ports, including the Jebel Ali Free Zone Port. The first unit of its kind in the region, it has been finally implemented and the IPU is now ready to accept brand registrations and brand owners' complaints.

MIP, in association with Finnegan Henderson, invited three brand owners as well as lawyers from the US, China and Germany to discuss how to protect and manage brands internationally. Topics covered included famous marks, new types of marks, the Madrid Protocol, transliterations and other means of protecting brands

The Chinese authorities have increased their efforts to recognize and protect both domestic and foreign well-known trade marks during the past year. Cedric Lam and Janet Wong of Dorsey & Whitney examine recent developments

If IP owners want to maximize their chances of having an application for a biotech or chemical invention granted in China, they need to pay careful attention to their test data, says Amy Feng of Liu Shen & Associates

Bai Gang of Wan Hui Da IP Agency and Paul Ranjard of UNIFAB say that IP owners have a duty to try every means of enforcement provided under Chinese law

Qingfa Meng and Bin Zhang of CCPIT explain how IP owners can make the most of Customs and the AIC in their trade mark enforcement strategies