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  • The US Supreme Court’s recent trade mark ruling has broadened the scope of fair use defences that can be used by alleged infringers. But, says Jonathan Moskin, the ruling’s cautious logic also raises questions for trade mark owners to consider
  • India introduced a product patent regime to meet its TRIPs deadline by promulgating the Patents Ordinance 2004 on December 26. The Ordinance came into force on January 1. This measure, albeit temporary, reflects the government's resolve to meet its WTO obligations. The Indian constitution provides that an Ordinance expires six weeks after Parliament reconvenes, giving it an effective life span of six months. The government now has the unenviable task of facing opposition parties in its efforts to substitute the Ordinance with an Act.
  • You litigate inside the courtroom; you settle cases outside the courtroom. That's conventional wisdom. But, as the number of cases filed each year continues to increase, more and more courts are getting involved in helping the parties settle their dispute. This is a trend that is expected to continue and it is a development that should be embraced by litigants.
  • With Vietnam discussing membership of the WTO, the government is already improving the country’s IP regime. Thomas Treutler provides a guide to enforcing IP rights in one of Asia’s fastest growing economies
  • A recently reported Malaysian High Court decision has demonstrated that the country's courts will make a determination based on the judge's visual impression rather than deferring to the opinion of witnesses on the issue of novelty in designs.
  • Neil Hobbs, IP lawyer at Virgin Enterprises Limited, explains how the company protects more than 2,500 domain names and reveals why it has decided to consolidate its registrations
  • On December 21 China's Supreme People's Court and the Procuratorate jointly issued an Interpretation on Various Issues Relating to the Handling of Criminal Actions on IPR Infringements (the Interpretation). This came into effect a day later on December 22.
  • 'Generic Tide Is Rising' was a cover story that appeared in the September issue of Chemical & Engineering News in 2002. More and more it is said that the innovative pharmaceutical companies are losing market share, not only because their current blockbusters run out of patent protection, but also because the number of new drugs that should boost the profits of the innovators back to the high levels they are accustomed to is said to be very limited.
  • As more and more Chinese people log on to the internet, the value of domain name rights increases. Guizeng (Wayne) Liu of King & Wood offers a guide to the latest laws and judicial decisions affecting intellectual property in cyberspace
  • Owners of trade secrets have a number of ways to protect their rights in China. Xuemin CHEN and Xiaoguang YANG of Zhongzi Law Office explain more