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Far from being a second-class IP right, registered designs offer IP owners a highly effective - but often overlooked - way of protecting their brand and products. Brian Cordery explains why rights owners should rethink the role of designs in their IP portfolio

In a recent case, TDK Kabushiki Kaisha (TDK) filed an opposition against the registration of a Community trade mark for TDK in class 25. The opposition was based on the reputation of earlier Community and national trade marks for TDK and for the word and device TDK covering products in class 9.

A party that obtains a temporary injunction that turns out to have been unjustified has to indemnify the opposing party for all economic loss due to this temporary injunction. This is an absolute liability irrespective of any fault. In IP matters, a temporary injunction is unjustified where, for example, the main proceedings result in the IP right in question being declared invalid or non–existent or where no infringement is found. The losses are due to this injunction if sales or other acts such as advertising had not been made because the injunction was obeyed. These losses comprise the full amount of the attorneys' costs in relation to the suit, all sales losses and all costs spent in regaining the previous market share.

Emma Barraclough, London

The courts have yet to resolve when or if search terms used to drive traffic to ad-sponsored sites should be considered trade mark infringement. Jonathan Moskin examines this issue in the context of recent cases

The rise of the internet has spawned a lucrative trade in counterfeit goods. But as an investigation launched by Burberry shows, careful online monitoring can trap the sellers, says Emma Barraclough

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

Qiao Rongde of Lusheng Lawyers and Elliot Papageorgiou of Rouse & Co International explain how rights holders can use China's unfair competition law to seek redress in IP disputes

China's patent legislation makes it very difficult for applicants to amend patent documents during a patent invalidation procedure. Scott S Zhang and Changxing Zhang of Kangxin Partners provide a guide to the rules

Companies that include Chinese patents in their multinational patent portfolios can expect to gain many strategic advantages, say Lily Lim and Ningling Wang of Finnegan Henderson Farabow Garrett & Dunner LLP