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  • MIP is producing an extensive survey of in-house IP counsel in the US, to be published in June this year. James Nurton provides a preview of the findings so far
  • Ankit Prakash of Anand and Anand in New Delhi looks at the evolution of brand management and considers the impact it has had on business in India. He also reviews recent cases where trade mark rights have been upheld
  • If you have a famous mark, you need to take steps to stop it becoming generic. Delphine Kaufmann of Novagraaf France reviews recent cases in France and the EU in this area and provides some tips for brand owners
  • Five Central American states and the Dominican Republic have recently signed a free trade agreement with the US. Luis Ernesto Guandique Chávez, Luis F Ruiz, Ricardo Anibal Mejia and Ricardo Bendaña examine the impact of the treaty in El Salvador, Guatemala, Honduras and Nicaragua
  • IP protection in Chile has been overhauled over the past two years, in accord with international agreements. Marcos Morales of Silva & Cia explains that the result is stronger protection for IP owners
  • Australia's Trade Mark Act has been amended for the first time. David Wilson and Michelle Groves of Deacons assess what the changes mean for practitioners
  • The MedImmune case transformed the relationship between patent licensors and licensees. Nicholas Groombridge considers whether it will lead to a wave of patent invalidation lawsuits
  • 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
  • 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)).