Intellectual Property
2010 | Digital Guide

396 pages

Rapid advances in technology and the pressures of global competition make intellectual property a fundamental component of success for many businesses. Executives need to understand how to create, monitor, protect and enforce IP and ownership rights in today's world, especially when they are the company's most valuable assets.

CONTENTS

United States

• Building a Pharmaceutical Anticounterfeiting Program – The Legal Framework
• Contributory Trademark Infringement – Old Concept in a New Setting
• Current Developments in the Law Relating to Damages and Fee Awards in Trademark and Unfair Competition Cases in the USA
• Trademark Rights in the United States – Intellectual Property Overlap
• Managing Simultaneous International Enforcement of Related Patents
• Virtual Worlds, Real Dangers – Looking Ahead to 2010
• Maintaining Confidentiality in Technology Transactions: New Problems with an Old Concept
• Patent Damages: Life in an Evolving World
• Strategies for Reexamination
• Business Method Patents in the Wake of Bilski

Canada

• A Lack of Good Faith: New Developments in Canadian Patent Law
• Intellectual Property Issues in Virtual Worlds
• A More Expansive Duty of Good Faith Imposed in Canadian Patent Prosecution
• Intellectual Property for Life Sciences in Canada: Victories and Challenges in 2009
• Greenwashed: Avoiding Liability for Environmental Advertising Campaigns
• Indefiniteness: Computer Claims with Means plus Function Language
• Fraud in Trade-mark Law
• Justifying Your Patent Expenses
• Updates in Biotech Practice at the Patent Office
• Oh, Canada – Patents in the True North: Strong but Not Free

Brazil

• Brazil in the Spotlight of Ambush Marketing
• Biotechnology IP Due Diligence
• The Role of the Brazilian PTO in the Recordal of License and Transfer of Technology Agreements
• Impact of the CIS policy on Brazil’s R&D Industry
• Landscape of pharmaceutical patents in Brazil
• Trade Secrets and Data Package Exclusivity in Brazil
• Landscape of the Trademark System in Brazil
• INPI’s Interference in Technology Transfer Agreements – Possible Change in Current Framework Lies Ahead
• Bis in Idem
• Pharmaceutical Patents and Access: A Little Transparency Please
• Alternative System of Disputes Resolution involving Domain Names in Brazil

Argentina

• Border Measures in Argentina

Chile

• Annulment Recourses for Trademarks
• Supplementary Patent Protection for All
• Whatever it Takes
• Domain Names in Chile
• Copyright in Chile: A New Regulation for the XXI Century

Colombia

• Patentability of Polymorphs in Colombia: Recent Development in Jurisprudence
• Adhesion of Colombia to the TLT Treaty: Future Implications
• Colombia Opens the Door to Legal Regulation of Remuneration for Actors for the Public Communication of their Performances

Ecuador

• Compulsory Licensing for Pharmaceutical Patents in Ecuador: A Primer
• Texture or Tactile Marks in Ecuador
• Paraguay
• New Draft of Bill on Geographical Indications and Designations of Origin
• Data Protection in Paraguay

Trinidad and Tobago

• Publicity Rights and Celebrity Endorsements in Trinidad and Tobago

Europe

• The Registration of Internationalised Domain Names under the .eu TLD
• Intelligent IP Due Diligence
• The Current State of Protecting Trade Marks on the Internet
• The Settlement in the European Rambus Case: What Does it Herald for SSOs?

United Kingdom

• Defamation Online
• Regulation of Online Behavioural Advertising
• Protecting Leading Brands in the UK
• IP and the Credit Crunch

Netherlands

• Legal Remedies in Intellectual Property Cases in the Netherlands
• Cross-Border Injunctions in Patent Proceedings in the Netherlands
• Reputed Marks in the Netherlands after Intel and L’Oréal/Bellure

Belgium

• The Saisie-contrefaçon
• Litigating Patents in Belgium

Switzerland

• Emerging Issues of Genuine Use of a Trade Mark in Switzerland
• Intend to Use it or Lose It – Does Swiss Trademark Create an ‘Intent to Use’ as a Requirement of Preserving Trademark Rights?

Portugal

• Arbitration in the New IP Code

Germany

• IP Licences and Assignments under the New Rome I Regulation
• IP Enforcement and Goods in Transit: Recent Developments

Austria

• Trademark Law in Austria – A Brief Overview
• Use of (Personal) Data in Austria – A Brief Overview
• Austrian Patent Infringement Litigation – A Brief Overview
• Cold Calling and Spamming in Austria

Hungary

• Role of Time in IP-related Court Procedures in Hungary

Croatia

• Overview of Border Enforcement in Croatia – Current Practices

Denmark

• The Infopaq Judgment and the Future of Internet Search Engines
• Denmark’s First EU-wide Injunction on the Basis of a Community Trade Mark
• Trademark Enforcement in Denmark

Sweden

• Copyright Enforcement Online: Experiences with Criminal Prosecution in the Nordic Region
• No Safe Harbours at the Pirate Bay?

Finland

• Transfer of Copyright in Employment Relationships in Finland: The Importance of Well-Drafted Employment Agreements is Stressed

Russia

• Better Late Than Never: Civil Law Perfection Concept Finally Addresses Digital Age Problems
• Priority Registration of Domain Names in the New Cyrillic Domain
• Russia: Parallel Import Disputes are Still Ongoing
• Legal Results 2009 in IT sector

Poland

• Packaging of Parallel Traded Products in Poland

Ukraine

• Enforcing Your IP Rights in Ukraine

Lithuania

• Contesting Trade Mark Registrations Based on Earlier Rights

Turkey

• Pharmaceutical Trademarks under Turkish Law – the Likelihood of Confusion and INN Issue
• Absolute Grounds for Refusal of Trademark Applications under Turkish Law and the European UnionLaw – A Comparison of the Rules and Practice

Asia

• Due Diligence in Asian IP Acquisitions – How Much Is Enough?

Australia

• How Far Does Copyright Go in the Protection of Data?
• Green Advertising Developments in 2009
• Who Owns the Intellectual Property Rights in a University Research Project?
• A Key Intellectual Property Case for the Fashion Industry in 2009
• Stay Tuned – Australian High Court Decisions on Trade Mark Issues Due in 2010
• Who is Winning Pharmaceutical Patent Litigation in Australia – Innovators or Generics?
• Registering Single Colour Trade Marks in Australia
• Ignore Good Intellectual Property Management at your Peril
• Innovation Patents in Australia: What is an Innovative Step?

New Zealand

• Patents in New Zealand
• Update on Copyright Law in New Zealand
• Recent Developments in Trade Marks and Designs in New Zealand
• Account of Profits – Heftier than First Thought

Japan

• Economics of Data Protection of New Drugs

India

• Competition Law and IPR: A Challenge for Competition Policy

China

• Liability of Directors and Partners for Copyright Infringement in Hong Kong
• China: Major Amendments to Patent and Design Law
• Criteria for Deciding Compensation in Trademark Infringement Lawsuits in China
• Invent in China May Invite Litigate in China
  

Taiwan

• Taiwan’s Patent Act Being Amended

Vietnam

• Franchising Law in Vietnam

Nepal

• Trademark Law and Practice in Nepal

Thailand

• Thailand – Well-Known Marks
• Thailand’s Accession to the Patent Cooperation Treaty and Paris Convention
• Difficulties of Cancelling a Trademark Registration on the Grounds of Non-Use in Thailand
• Alternative IP Dispute Resolution through the DIP
• Essentials for a Successful Franchise Agreement in Thailand

Singapore

• City Chain Succeeds Against Louis Vuitton on Appeal
• The Copyright Tribunal in Singapore: A New Lease of Life?
• Copyright Law and the Internet – Liability of Commercial Providers of Remote-Storage Digital VideoRecording Services

Malaysia

• Recent Developments in Pharmaceutical and Biotechnology Law in Malaysia
• Malaysian Intellectual Property – Dawning of a New Age
• McDonalds, McCurry, McPity: A Critical Reflection on the McDonalds-McCurry Saga

Philippines

• Discovery Communications, LLC prevails Over International Toy World Inc.

Middle East

• Enforcement Against Look-a-likes in KSA and UAE

Israel

• Israel – Legal and Regulatory Developments in IP
• Product Shape and Packaging – Trademark Protection and its Boundaries
• Well-Known Marks in Israel – Basis and Boundaries of Protection
• Well-Known Marks in Israel on the Pendulum of Protection

South Africa

• South Africa: FIFA Scores in Landmark Ruling Against Ambush Marketers
• A Focus on Regional Systems of IP Protection in Africa
• South Africa – Can Traditional Knowledge be Effectively Covered Under a Single “Umbrella”?
• Protection of Traditional Medicine
• Patenting Life
• An Overview of the Protection of Traditional Knowledge in South Africa