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While eager to do business in China, many foreign investors remain concerned about the lack of protection and enforcement of IP rights. In a special roundtable debate organized by MIP, leading figures discuss how to succeed and what needs to change in the country

China recently announced two measures to tackle the problem of counterfeiting. In a press conference on September 6, China's State Intellectual Property Office announced that the Supreme People's Court and Supreme People's Procuratorate have drafted a new Judicial Interpretation that will lower the thresholds for bringing criminal action against IP infringement in China. This is to be issued by the end of this year, once it has been approved. The threshold is presently set at Rmb 500,000 and Rmb 100,000 for corporate and individual offenders respectively. In addition, the Interpretation will include guidelines for punishing online copyright infringement and other infringing activities such as transporting, storing and distributing infringing goods.

Congress last year passed an amendment to the copyright law that has had a significant impact on some entertainment industries.

Sam Mamudi, New York

Unlike many jurisdictions, Germany has separate trials for hearing patent validity and infringement. Volker Hamm, of Maiwald Patentanwalts GmbH in Hamburg, examines how to conduct litigation to nullify a patent

Unlike common law jurisdictions, Indonesia has no tort of passing-off. Instead, IP owners are trying to find ways of using statutory remedies to seek relief from rivals who steal their goodwill. But as Benhard Paul Sibarani, A Yulianto Nurmansyah and Michelle Dahl explain, despite a series of new laws, the legal hurdles to bringing a claim for passing off remain high

Australia's IP regime hit the headlines this year when politicians passed legislation to implement the Australia-US free trade agreement. More changes were introduced by the Designs Act 2003, a new law that came into force in June 2004 and introduced long overdue reforms to Australia’s design rules. David Webber, Victor Tse and Raymond Hind explain more

Biotechnology has become one of the most important areas of science for the 21st century. Justin Davidson, Connie Carnabuci and Grace Tan consider the potential for developing and promoting biotechnology in Asia, focusing in particular on China - one of the most important emerging economies in Asia

China has transformed its trade mark regime in recent years to offer better protection for well-known marks. Spring Chang considers the legislative changes and explains how IP owners can guard their well-known brand names

The Superintendency of Industry and Commerce of Colombia (SIC) recently stated that the mere "registration of a licence agreement at the industrial property office does not prove actual use of the trade mark", in its Opinion 04045240 of 2004 (www.sic.gov.co).