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  • 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.
  • Under the Mexican Industrial Property Law (IPL), in force since August 2 1994, a trade mark application resulting either in a relative or an absolute ground for refusal can be objected to in a first instance proceeding before the Mexican Institute of Industrial Property (IMPI). This proceeding provides the applicant with a reasonable term to file arguments to overcome the objection. If the arguments submitted by the applicant do not overcome the objection, according to IMPI's criteria, the application should be formally refused.
  • 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.
  • The Uniform Dispute Resolution Policy has made it easier for trade mark owners to win the rights to contested domain names. Frequent UDRP panellist Mark Partridge shows how victims of cybersquatting can maximize their chances of success
  • China has made a number of changes to the way it judges patent applications in recent years. Wu Guanle of Liu, Shen & Associates guides would-be patent owners through the rules
  • China's system of trade mark rights reflects the social, economic and legal transformation the country has gone through in the last 100 years. Yang Yexuan, deputy director general of the Trademark Review and Adjudication Board, explains the body's history and the challenges it faces
  • While interest in court action grows steadily, administrative remedies still offer trade mark owners in China many advantages. ZHUGE Beihua and WANG Yao of Beijing Janlea Trademark Agency explain what brand owners need to know to make the most of them
  • 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
  • More and more trade mark owners are taking their cases to court in China. And as HUANG Hui and HUANG Yibiao of Wan Hui Da Intellectual Property Agency explain, with careful preparation and a clear strategy, the process need not be as daunting as many plaintiffs fear
  • Companies are increasingly turning to patent invalidation as a tool to fight patent disputes. Gary Zhang and Gu Hongxia of China Sinda explain how to make the most of the procedure to defend your IP rights and challenge those of your competitors