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Globalization, the internet and the harmonization of IP systems mean that all brand owners now have to view their brands internationally. Whether using brands actively or defending them against pirates and competitors, it is rarely sufficient to focus on just one jurisdiction or region.

While foreign companies are quickly recognizing the value of protecting their patents and trade marks in China, many have failed to include Chinese domain names in their IP strategy. Cedric Lam of Dorsey & Whitney outlines some recent trends that make it clear why they must pay attention to the domain name issue

Is the world facing a global patent crisis? Some patent owners fear that booming applications, lack of quality, duplication of work and excessive costs are forcing existing frameworks to crack. Can anything be done before it is too late? James Nurton reports

Few foreign investors think they must pay attention to competition and antitrust concerns in their Chinese technology transfer deals. They need to think again, say Connie Carnabuci, Joan Wu and Melissa Handover of Freshfields Bruckhaus Deringer

Although IP owners still suffer high levels of infringement in China, Xuemin Chen and Xiaoguang Yang of Zhongzi Law Office believe that 2005 saw a new level of commitment on the part of the government to boost innovation and protect IP

Emma Barraclough, Hong Kong

Emma Barraclough, Hong Kong

In order to protect and enhance the prestige of a licensed mark, trade mark owners, when drafting trade mark licence agreements, typically focus their attention on ensuring that they maintain the necessary level of approval over, and consistency in, the use of the licensed mark. Unfortunately, this desire often becomes a secondary concern as trade mark owners are blinded by the revenue-generating opportunities that may be derived from a proposed licence agreement and therefore, gloss over certain integral protections.

There are a number of instances where the monopoly under a patent is not absolute. Recently, the US-Singapore Free Trade Agreement (US-SFTA) required Singapore to amend the compulsory license provisions in the Singapore Patents Act to include a remedy for anti-competitive practices.

A recent decision by the Malaysian Courts in Shachihata & 18 others v Registrar of Industrial Designs & Ors, has in effect made redundant a recent circular issued by the Industrial Designs Registration Office (IDRO). The circular followed the advice of the Attorney General's Chamber and stated that designs registered under the UK Registered Designs Act 1949 which continued to have effect in Malaysia by virtue of their registration prior to the coming into force of the Industrial Designs Act 1996 (the Malaysian Act) on September 1 1999 would not be allowed to be extended beyond three five-year terms in Malaysia.