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Today, the vast majority of national patents pending in the European countries have evolved from patents granted by the European Patent Office. Even if the validity of such a patent has been confirmed in opposition proceedings before the European Patent Office, it can still be attacked in nullity proceedings before the national patent authorities. In national invalidation proceedings, any differences between the European Patent Office and the national authorities with respect to the interpretation of the basic standards for patentability might turn into a trap for the patent owner.

The Federal Court of Australia has struck another blow for novel trade marks with its recent decision to allow the registration of a single-colour mark. Justice Mansfield ruled that Philmac, a maker of equipment for the water industry, can register terracotta as a colour mark for non-metallic rigid irrigation pipe fittings because it is capable of distinguishing the company's products. Philmac had appealed to the court after the Registrar of Trade Marks had rejected the application.

Restrictions on investment agreements and IP rights came under scrutiny in a recently decided case heard in the UK.

China’s formal recognition of foreign well-known marks for the first time is welcome. Foreign trade mark owners should have more confidence now when doing business in China, argue Yvonne Chua and Howard Tsang

The changes to China's patent, trade mark and copyright legislation make them largely compliant with the TRIPs Agreement. Foreign IP owners should have more confidence defending their rights as a result,claims Shen Yaozeng

What does and doesn't qualify to be a patent is an area of much contention in China, just as in any other jurisdiction. Patent applicants should be aware of the restrictions, warn Wenping Chen & Xun Feng

Many options exist to enforce IP rights in China. One choice to make is between administrative and judicial action. It is imperative that IP owners are aware of the different routes to protection, argues Yang Xiaoguang

IP owners should not ignore the administrative tools available besides selecting legal prosecution against infringers in protecting their IP rights in China, argue Dong Jiangxiong and Wu Yuhe

IP litigation in China has been transformed, particularly because of the TRIPs Agreement. Now what the system needs is foreign IP owners to start using it more, says judge Cheng Yongshun of the Beijing High Court, in an exclusive interview with Catherine Sun of Deacons, for MIP's China Guide

Amendments to China's original trade mark legislation means that applicants enjoy a high degree of protection. The new law also gives a trade mark owner extensive freedom to use their mark, explain Huang Hui & Ren Haiyan