Top Stories


Top Stories - Intellectual property

Delhi NCR – An Emerging IT Hub in India

By India Briefing, Posted: 28th April 2017 08:37
India has successfully established its information technology (IT) and IT enabled services sector, which currently accounts for about 67 percent of the world’s US$124-130 billion IT market. Overall, the IT sector generates over 10 million jobs in India.   This has led to the growth of several IT hubs across the country such as Bangalore, Delhi National ... Read more...

Formation of Companies in Colombia

By Parra Rodríguez, Posted: 18th April 2017 08:15
Since 1971, the formation of companies in Colombia has been regulated by the Colombian Commerce Code (Decree 410 of 1971). This Code, applies to the incorporation of different types of companies excepting the Simplified Corporation that was created via Law 1258 of 2008. The Commerce Code allows for the creation of the following types of companies: (i) corporations, (ii) ... Read more...

Smartphones and India: Foreign Manufacturers Take a Bite

By India Briefing, Posted: 14th March 2017 08:05
This week, the domestic media reported that Apple is set to manufacture its iPhone SE model in India. Taiwanese contract manufacturer Wistron Corp will manufacture the phone.   While the proposal will need to be approved by the prime minister’s offic ... Read more...

Virtual reality and William Shakespeare – what do they have in common?

28th February 2017 08:10
As the title suggests, we begin with a question. What is the correlation between the world renowned playwright, William Shakespeare, and the world dominating technology, virtual reality?   One’s first answer seems obvious…nothing.   However, when delving closer, a connection between the two can indeed be est ... Read more...

Trade Secret Asset Management: The Defend Trade Secrets Act of 2016

By R. Mark Halligan, Partner, FisherBroyles, LLP, Posted: 7th February 2017 08:32
With passing the Defend Trade Secrets Act 2016 (DTSA), trade secret assets are no longer step-child intellectual property rights. Trade secret assets are now on the same playing field as patents, copyrights and trademarks with the creation of a federal civil cause of action for trade secret misappropriation. In addition, powerful trade secret protection tools are now available under the DTSA inclu ... Read more...

Storing Export Controlled Data in the Cloud: Consider ITAR and EAR Regulations

By Bruce H. Leeds, Posted: 1st February 2017 09:09
It is common these days for companies to store data in the “cloud”, meaning it is on a server located somewhere in the world.  What if that data is export controlled?   For example, a company has defence-related technical data controlled under the International Traffic in Arms Regulations (ITAR). Can it be stored on a ... Read more...

City Spotlight: Innovation in Shenzhen

By China Briefing, Posted: 10th November 2016 08:38
Formerly a fishing village, Shenzhen has rapidly emerged into the thriving metropolis it is today. Since the city’s designation as a Special Economic Zone (SEZ) in 1980, Shenzhen has continuously been growing at a high speed. The population has increased from 30,000 in 1979 to over 10 million today, and Shenzhen’s property prices are growing at the highest rat ... Read more...

Exclusive Q&A on Private Equity with Sally Penrose

21st October 2016 08:18
Have There Been Any Recent Regulatory Changes Or Interesting Developments? Bermuda as a jurisdiction is highly responsive to evolving market demands and over the past 18 months key stakeholders, including the government, the financial services regulator (the Bermuda Monetary Authority) and investment industry professionals have collaborated t ... Read more...

Industry Spotlight: Vietnam’s Beverage Market

By Vietnam Briefing, Posted: 18th October 2016 08:07
With a rapidly expanding middle class and massive tariff reductions from free trade agreements (FTAs) expected to come into effect in the coming years, Vietnam is poised to experience significant growth in its beverage industry. By 2020, Vietnam is projected to consume 4.5 billion liters of beer, 350 million liters of alcohol and spirits, and 8.8 billion liters of other beverages per year. Growth ... Read more...

Private Property and the Climate Future of Negligence

By Paul Babie, Posted: 22nd August 2016 07:53
Introduction   Private property consists of a bundle of rights comprising three primary powers of choice: use, exclusivity, and disposition. These three rights allow their holder to choose how to use, who to exclude, and how to dispose of whatever good or resource, tangible or intangible (from land, to shares, to trademarks and patent ... Read more...

Cutting Through the Red Tape: CFDA Plans to Accelerate the Review Process for Medical Devices

By China Briefing, Posted: 18th August 2016 08:05
On June 20, 2016, the China Food and Drug Administration (“CFDA”) proposed the “Priority Review Designation Procedure for Medical Devices (Exposure Draft)”in an effort to cut through the persistent bureaucratic red tape in the registration process of medical devices and fulfill China’s rising clinical demand for medical devices ... Read more...

A Guide to Trademarks in the Republic of Singapore

By Dezan Shira & Associates, Posted: 26th July 2016 08:20
Singapore is ASEAN’s most developed economy and offers a wide range of investment opportunities for companies seeking to tap into the city state’s rich pool of talent and extensive global trade networks. These conditions have not been lost on foreign investors whose capital flows have propelled Singapore to become Asia’s top hub for finance and, more recently, startup ... Read more...

Opportunities in India’s Emerging Fintech Sector

By India Briefing, Posted: 20th July 2016 07:56
India’s financial technology (fintech) sector may be young but is growing rapidly, fueled by a large market base, an innovation-driven startup landscape, and friendly government policies and regulations. Several startups populate this emerging and dynamic sector, while both traditional banking institutions and non-banking financial companies (NBFCs) are playing catch up. &am ... Read more...

Real Estate in Portugal: Quick Guide

By Luis Miguel Amaral, Posted: 15th July 2016 08:03
Portugal is Europe’s most western country. Its total area is 92 090 km2, and is bounded on the north and east by Spain and on the south by the Atlantic Ocean with a coastline of 1,230km. The country is formed by a mainland and two autonomous regions, Azores and Madeira archipelagos.   Portugal has several high quality beaches which, associated with a Me ... Read more...

Prospects in India’s Infrastructure Sector

By Dezan Shira & Associates, Posted: 3rd June 2016 08:58
India’s 2016-2017 Union Budget provides a significant outlay for infrastructure expenditure. This spending is seen as a key component of the government’s plans to boost India’s growth levels to projections ranging between 7 and 9 percent. The allocation of US$ 32.41 to US$ 32.70 billion (Rs 2.19-2.21 lakh crore) and a newly liberalized forei ... Read more...

China’s Wind Power Industry: a Dynamic Investment Opportunity, or an Opaque Market for Foreign Companies?

By Dezan Shira & Associates, Posted: 31st May 2016 10:22
 China is expected to increase its wind power installed capacity from the current 149 gigawatts (GW) to 495 GW by 2030, according to a recently released report from GlobalData. This substantial rise would represent a Compound Annual Growth Rate (CAGR) of nine percent and is in line with plans laid out in China’s 13th Five Year Plan, which targets an increase in domestic wind cap ... Read more...

Office Locations that Inspire Creativity

26th May 2016 08:30
The grey, identical cubicles which made up the stereotypical office of yesteryear are giving way. New ideas on how to foster happiness, productivity and health at work have crept in – and grim, dismal environments are being taken away. It leaves a lot of businesses with the question, “what can I do with this space to get the most out of my staff?” ... Read more...

Exclusive Q&A on Biotechnology and Pharmaceuticals with Madeleine Kearney

25th May 2016 08:39
Who are the main regulators and what are the key legislations that apply to biotechnology & pharmaceuticals?   Pharmaceutical and biomedical products are primarily regulated under the Therapeutic Goods Act 1989 and its associated regulations.  The Therapeutic Goods Administration (TGA) is the agency responsible for ad ... Read more...

The Changing Landscape of China’s Manufacturing Sector

By Dezan Shira & Associates, Posted: 20th April 2016 09:42
The relentless momentum of investors turning their sights towards China has softened of late, as slowing growth and stock market volatility have caused alarm among observers. In 2015, FDI into China’s manufacturing sector came in at US$39.54 billion, a slight drop from 2014 (US$39.94 billion) and accounting for 31.4 percent of the total. While some of these fears are grounded in ... Read more...

Exclusive Q&A on Infrastructure with Neal Sklar

26th February 2016 11:01
Have there been any recent regulatory changes or interesting developments? In December 2015 President Barack Obama signed into law the Fixing America's Surface Transportation (FAST) Act which is a funding and authorization bill to govern United States federal surface ... Read more...

ASEAN Market Watch: Thai 4G And Indonesian Economic Growth

By Dezan Shira & Associates, Posted: 11th January 2016 10:14
Thailand: Mobile Network Providers Set to Launch 4G Services   Major mobile service providers plan to launch 4G (fourth generation high-speed data) services in early 2016. The 4G services will service the expanding mobile user base in the country. The launch of 4G services has the potential to increase the volume of business for infor ... Read more...

Intellectual Property in France

By Nathalie Dreyfus, Emmanuel Harrar, Estelle André & Frédéric Marlot , Posted: 5th January 2016 09:08
In an increasingly complex economic and legal environment, it has become imperative to efficiently protect, enhance and defend the essential assets of a company.  Dreyfus’ purpose is to support its clients with all the flexibility and reactivity that its structure allows, while offering the most up-to-date skill-sets, especially regarding international issues in the field of new ... Read more...

Why Register a Trade Mark?

By Maggie A. Ramage, Posted: 27th November 2015 11:23
A point which is often raised by clients, particularly in recessionary times, is why register a trade mark – what disadvantages exist if you do not register and what advantages are there for you if you do?  I believe it can be a false economy to ignore trade mark registration and may prove expensive for a trade mark owner later on if no action to protect a mark is taken. ... Read more...

India: An Emerging Market for Biosimilars

By Neha Mittal & Akriti Kapoor, Posted: 25th November 2015 11:57
The Pharma World, in the mid-1990s, revolutionised the healthcare sector-globally as well as in India, by introducing the next big thing to market; wonder drugs known as Biologics; a new generation of bio-therapeutics in terms of large complex molecules that provide a cure to major life-threatening diseases.  In 2007, the biologics market witnessed an expeditious growth rate of around 20% ... Read more...

Renewable Energy and Investment in ASEAN

By Fernando Vidaurri, Posted: 9th November 2015 09:50
Last month ASEAN member states met in Kuala Lumpur for the 33rd ASEAN Ministers on Energy Meeting and agreed to look to renewable energies as a way to solve lack of electricity in some of their communities. During the meeting the ministers also endorsed the 2016 ASEAN Plan of Action for Energy Cooperation 2015-2016 and agreed to reach a target of 23 percent renewable energy by 2025. & ... Read more...

Exclusive Q&A On Technology, Media & Telecommunications with Purvi Parekh

30th October 2015 09:18
Who are the main regulators and what are the key legislations that apply to technology, media and telecommunications in your jurisdiction?   There is a lot of overlap in the regulatory bodies that monitor telecoms, media and the internet in the UK.  The key regulators are the UK department for culture and sport ... Read more...

Asian Highway to Link India, Myanmar, and Thailand

By ASEAN Briefing, Posted: 7th September 2015 09:49
A new section of the planned Asian highway linking India, Myanmar, and Thailand has become operational. The 25.6 kilometer roadway will reduce travel time between Thinggan Nyenaung and Kawkareik from three hours to 45 minutes.   The newly opened section of the highway is located in the East-West economic corridor of the Greater Mekong Subregion (a development pro ... Read more...

Employee ownership is a versatile business model

By Jennifer Martin & Graeme Nuttall OBE, Posted: 24th August 2015 09:53
In the September 2014 edition of Expert Guide (Tax) Graeme Nuttall wrote about how the UK employee ownership ("EO") business model is attracting momentum internationally (see &am ... Read more...

Exclusive Q&A On Intellectual Property

With Steven E. Warner, Posted: 22nd July 2015 09:19
1. Is the era of Patent Trolls now behind us with the shifting political mood toward aggressive patent enforcement? While the number of new patent troll lawsuits was down in the past year, I think that it is still too early to say that the era of the patent troll is over.  Nevertheless, the political mood is certainly trending against patent trolls.  Ou ... Read more...

Has The Court Of Justice Of The EU Opened A Breach In The Protection Of Copyright In France?

By Anne-Katel Martineau, Posted: 30th June 2015 11:17
The publication of digital works (articles, images or videos) on the internet is an essential part of corporate marketing strategies.  However, the risks of infringement of copyright due to the publication of protected works are often disregarded.  These risks can be difficult to grasp because once uploaded on a website, these works can easily be copied and shared on other websit ... Read more...

Russia’s Ordeal of Internet Piracy: So Far So Good?

By Valeria Ivasikh, Posted: 21st January 2015 09:04
Over the past few years, Russia has come a long way in terms of tackling intellectual property infringement.  We have seen the first clash between right holders and social network Vkontakte; an increase in the amount of court-awarded compensations for copyright breaches; and reasonably coherent amendments to its Civil Code - the primary source of law governing intelle ... Read more...

Virtual Presence and the Question of Jurisdiction in Response to World Wrestling Entertainment Trademark and Copyright Infringement Case

By Nandan Pendsey & Ramya R.S., Posted: 22nd December 2014 11:19
The division bench (“DB”) of the Delhi High Court (“HC”), in the case of World Wrestling Entertainment, Inc., v. Reshma Collection(1), by order dated 15 August 2014, has interpreted the term “carrying on business” in the context of jurisdiction in trademark and copyright infringement suits to includ ... Read more...

The U.S. Supreme Court’s Increasing Involvement In Patent Law

By Paul Conover & Philip Nelson, Posted: 5th December 2014 09:43
In 1982, the U.S. congress formed a new specialised appeals court, the Court of Appeals for the Federal Circuit, or “CAFC,” and transferred responsibility for patent appeals from the various regional courts of appeal to this new court.  One goal of establishing the CAFC was to bring uniformity and predictability to U.S. patent law, since consolidating responsibility fo ... Read more...

A Counter-Intuitive Solution to the NPE problem?

By Richard Vary, Posted: 3rd December 2014 09:11
Seven years ago Nokia and Bosch were negotiating a patent license.  Bosch had been a significant contributor to the mobile phone standardisation process.  They had chaired some of the committees.  They had invested, they said, €8bn in research.  But despite years of negotiations, we were unable to agree.  Eventually Bosch delivered the inevitab ... Read more...

Intellectual Property Rights in Iceland becomes more international

By Ólafur Ragnarsson, Posted: 1st December 2014 08:37
International co-operation   Iceland is a member of the World Intellectual Property Organization (WIPO) and a party to most major international intellectual property (IP) protection agreements.  Intellectual Property Rights (IPR) and it´&l ... Read more...

The Reform of the Spanish Intellectual Property Law

25th November 2014 09:02
On November 4th, 2014, the Spanish Parliament passed Law 21/2014, amending the 1996 Consolidated Restated Text of the Spanish Intellectual Property Law (the “IP Reform”).(i) The IP Reform implements Directive 2011/77/EU, of 27 September 2011, which extends the term of the protection of phonograms, and Directive 2012/28/EU, of 25 October 2013, allowing libraries, museum ... Read more...

Mexican Trademark Legal Framework Transformation, IP Firms Adapting To Change

By Laura Collada, Posted: 18th November 2014 09:25
Up to date, Mexico has been working more than 18 months with the Madrid Protocol.  Mexico adhered to the Madrid Protocol on 19 November 2012 and it entered into force on 19 February 2013.   Our TM legal framework still lacks an opposing system and we are still working with single class methodology.  The outstanding and surprising thing is that e ... Read more...

A Foreign Investor’s Guide to Understanding Intellectual Property in Vietnam

By Edward Barbour-Lacey, Posted: 7th November 2014 08:53
HCMC – Intellectual property (IP) is a key concern for every business, no matter where they are operating. This is no less true in Vietnam – while the country is signatory to numerous IP conventions, there are still many reasons for foreign companies operating there to keep a close eye out for IP violations.  Therefore, it is crucial that foreign investors hav ... Read more...

Intellectual Property Exclusive Q&A

With Ryan Baker, Partner at Baker Marquart LLP, Posted: 3rd July 2014 09:24
Are you witnessing any prominent trends or strategies?                 Above many trends in intellectual property law is the cloud.  Cloud computing and its inherent decentralization has raised new iss ... Read more...

Is Africa Ready For The Intellectual Property Influx: An In-Depth Analysis Of The IP Regime In Africa, With Special Attention To The Zimbabwean Position

By Brenda Matanga, Posted: 30th June 2014 09:42
A reading of the current economic news is reflective of positive projections on how Africa is emerging out of the proverbial ‘dark continent’ to be a force to reckon with amongst leading world economies.  Such positivism stems from the fact that Africa has experienced unprecedented economic growth in recent years, despite the global economic crisis.  Leading e ... Read more...

Five Steps to Protecting your International Intellectual Property Rights

By Webb Ward, Posted: 2nd May 2014 08:38
If you have developed an idea, product or design, ensuring that it is solely your property can be a complex business.  This is particularly so when considered in an international context.  Unfortunately, just because you have registered your intellectual property in one country does not mean that it enjoys protection elsewhere.  These rights are usually specific to one s ... Read more...

Patent Enforcement In The Life Sciences Sector In South Africa – Quo Vadis?

By Alexis Apostolidis, Posted: 31st January 2014 09:12
The dynamics of the pharmaceutical market in South Africa and the pharmaceutical patent enforcement landscape is changing rapidly, especially in the light of recent developments towards the end of 2013 with a new Draft National Intellectual Property Policy.   Some of the reasons for the change stems from a greater need to provide access to medicine, often times b ... Read more...

Abuse of dominance in pharmaceutical products cases concerning parallel trade: should the Lelos decision of 2008 be revisited in the present Greek era?

By Despina Samara, Posted: 29th January 2014 08:43
In 2001, following complaints of 16 associations of pharmacists, the Pan-Hellenic Association of pharmaceutical warehouses, the Pan-Hellenic Association of pharmaceutical wholesalers and 41 pharmaceuticals wholesalers against the policy applied by GlaxoSmithKline SA and its parent company for the distribution system of three of its pharmaceutical products in Greece.  The legality of a dom ... Read more...

A Remarkable Journey Of Transformation

By Ahmed Ali M. Al-Mukhaini & Jalpa Mehta, Posted: 3rd January 2014 08:39
Sultanate of Oman has always been a unique offering to the modern world, with rich archaeological, historical and traditional IP intensive assets wrapped in its lap depicting Omani lifestyle in a unique way.  The value of these assets and the need to protect them was realised as early as 1976 when the National Heritage Protection law was promulgated.  Its objective was the protec ... Read more...

Destination: Cyprus: A Place Worth Investing

By Christodoulos G. Vassiliades on behalf of Christodoulos G. Vassiliades & Co LLC., Posted: 19th December 2013 11:29
On March 17th 2013, Cyprus, found itself in the spotlight of the world. The haircut “imposed” upon Cyprus bank accounts was the subject of much controversy. Nonetheless and despite the impact of this inevitable adjustment both in economic and societal terms, Cyprus remains an ideal investment regime provider.   This arti ... Read more...

The Current Legislation For Inventions & Drawings & Industrial Models In The Republic of Cuba

By Maria Lourdes Ruiz Sotolongo, Posted: 16th December 2013 08:41
Cuba, as member of the WTO, must apply the provisions of the Agreement on the ADPIC which contain a framework of minimum juridical norms regarding patents that require implementation within national legislation.   Therefore, on 20 November 2011, Decree-Laws 290, 291 and 292, on Inventions and Drawings and Industrial Models, on Protection for Vegetal Varieties and ... Read more...

The Board’s Role in Driving A Culture of Intrapreneurship

By Andrew J. Sherman, Posted: 12th December 2013 11:25
Innovation and intrapreneurship are global governance issues.  Board members and company leaders are the stewards of the assets of the organisation—both tangible and intangible.  Cultivating, harvesting, and protecting those assets, particularly intangible assets, is more important than ever, as companies are operating i ... Read more...

The Trademark Doctor Is In: 4 Relatively Painless Ways To Protect Your Company's Future And Increase Your Bottom Line In The Process

By Matthew D. Asbell, Posted: 10th September 2013 08:51
If you are anything like me, you don't think of going to see a doctor when you are not feeling ill.  Even if you like your doctor, you dread the idea of regular check-ups, which grow even more unpleasant when you consider the possibility that she might discover something requiring testing, treatment, and/or follow-up.  Probably after some persistent goading, you end up ma ... Read more...

Intellectual Property Rights in Vietnam

By Dezan Shira & Associates, Posted: 12th July 2013 10:35
Vietnam has a comparatively strong intellectual property (IP) framework which includes several multilateral agreements and other relevant bilateral trade agreements. This article will provide an introduction to the legislative framework for intellectual property rights (IPR) in Vietnam, including an overview of the procedures for registering IP.   L ... Read more...

Is the Cloud cloudy?

By Richard Milchior- Partner Granrut Société d'aovcats, Posted: 14th February 2013 10:20
For the last two years, Cloud computing has had an incredible growth.  The recent forecasts are mentioning a turnover which should be around €29 billion including 1.7 billion in France at present, and expecting to rise to 5 billion by 2015.  Everybody wants to be a part of a growing market where the future is.   Hundreds of articles hav ... Read more...

Philippines - Use Your Trademark

By Editha R. Hechanova, Posted: 8th February 2013 12:16
Many trademark owners get frustrated upon being informed that in order to maintain their trademark applications or registrations in the Philippines, a declaration of actual use (DAU) has to be filed.  The Philippines had acceded to the Madrid Protocol on July 25, 2012, and the Intellectual Property Office of the Philippines (IPOPHL) is currently reviewing its Trademark Rules and drafting ... Read more...

Pan-European Patent Litigation: English Courts Create a Useful Stop-Gap Whilst a Unified European Court System Is Awaited

By Alistair McKinnon & Dr. Julian Potter, Posted: 8th January 2013 09:17
The England and Wales High Court (EWHC) has demonstrated its willingness for the English Courts to have jurisdiction over issues of infringement of foreign-designated patents.  In the decision Actavis Group hf v Eli Lilly & Company (USA)/Medis ehf v Eli Lilly & Company (USA),[2012] EWHC 3316 (Pat), the court confirmed that English courts could exercise ... Read more...

The Critical Importance of Intangible Asset Management (IAM) Systems

By Andrew J. Sherman, Posted: 4th January 2013 10:58
In my new book, Harvesting Intangible Assets, the critical paradigm shift of the global balance sheets of both large and emerging growth companies is discussed in considerable detail.  What was once a mere ten to follow percent of the overall net worth of a companies now closer to ninety percent and growing.  Leaders of the companie ... Read more...

Domain Extension Confusion arising from .tc

By Korcan Dericioglu & Ayca Pinar Eren Yasar, Posted: 27th December 2012 12:40
With the prevalence of its use, the Internet started being with us in every moment of our lives, being involved in our mobile phones and even in our home appliances.  Beyond this, the developed search engine infrastructure and social media networks brought a new dimension to usage habits in internet.  While we used to access a website by inserting the domain name with its extensi ... Read more...

Mexican Trademark System: A Work In Progress

By Mrs. Laura Collada, Posted: 21st December 2012 09:57
The legal framework of trademarks in Mexico is changing rapidly.  The past couple of years have shown a tendency to modernise our Trademark System.  However, all these changes raise a very important question; how many amendments can a system take without running the risk of collapsing?   Following the fundamentals of the Roman law and the Napole ... Read more...

Made in China? Winds of Change for Intellectual Property Strategies

By Anthony Albutt , Posted: 20th December 2012 10:03
MADE IN CHINA; words that adorn millions, if not billions, of products every year originating from China and making their way around the globe.  However, is there evidence that China’s position as the world’s leading manufacturer is set to change?   Numerous reports illustrate how China’s wages are increasing along with the ... Read more...

Will there really be a Unitary Patent & Unified Patent System?

By Jacqueline Needle, Posted: 18th December 2012 09:40
The European Patent Office (EPO) opened for business in 1978.  At that time it was also proposed to provide for a unitary Community patent.  After many false starts, and after many different proposals, it is suddenly looking likely that there will be a Unitary Patent.  The European Commission has suggested that the system could commence in early 2014.  There is ... Read more...

NEW gTLDs

By Jonathan Cohen, Posted: 13th December 2012 10:06
Top Level Domains (gTLDs) are the letters following the “.”, for example: .com;      .net;      .org;        .travel, and so on. For those who have followed the new gTLD process at ICANN (The internet Corporation for Assigned N ... Read more...

Russia is Expecting Establishment of Intellectual Property Court

By Valery Guerman, Posted: 11th December 2012 09:37
Russia is on the threshold of significant changes in the system of legal protection of intellectual property rights.  On the 1 February 2013, a new judicial authority called Intellectual Property Court will commence its work.  This new structure will be awarded the status of a specialised arbitration court.  An arbitration court in Russia is a judicial authority in charg ... Read more...

IP recent developments in Luxembourg

By Anne Morel & Michael Kitai, Posted: 29th November 2012 10:20
Over recent years, the Grand Duchy of Luxembourg has focused considerable attention on developing an attractive environment for development and managing intellectual property (“IP”) rights on its territory.   Etienne Schneider, Minister of the Economy and Foreign Trade, constantly recalls (and recently during the 5 ... Read more...

Protecting Your Intellectual Property in Sri Lanka

2nd October 2012 11:31
Julius and Creasy is one of the oldest civil law firms in Sri Lanka.  Founded in 1879, the firm has established itself on rich tradition and the highest professional principles.  Julius and Creasy’s wealth of expertise and experience in a wide range of specialised fields of Law enables it to offer innovative legal and business solutions to a diverse, sophisticated and h ... Read more...

The Amendment of the Trade Marks Act & Other Law to Protect Indigenous Terms & Expressions - A Mistake?

By Brian Wimpey, Posted: 11th July 2012 09:36
The protection of a country’s cultural heritage is meet and just, but the means of doing so has stimulated international debate in many countries where there is sufficient sensitivity to such issues, as well as at the World Intellectual Property Organization (WIPO).   The South African Intellectual Property Laws Amendment Bill, which only ... Read more...

Licensing Mobile Apps: A Legal Checklist

By Richard Stobbe, Posted: 9th July 2012 08:47
Apps are not just for Angry Birds anymore.  The licensing of mobile apps is becoming more common for business-to-business software vendors who are extending the reach of their enterprise applications to take advantage of opportunities in mobile and cloud computing.  If you are a vendor of enterprise software and you want to add mobile functionality, here are a few of ... Read more...

China Making Improvements in Copyright Protection

By Vivian Ni, Posted: 22nd March 2012 10:50
China’s video web sites have made “fundamental” improvements in their use of audiovisual products with authorized copyrights, according to Yan Xiaohong, deputy director of the General Administration of Press and Publication. Now, at least 76 percent of movies shown on the country’s 18 largest video web sites are shown in authorized-copyright format. ... Read more...

Musical Works Create Some Noise

By Purnima Singh, Posted: 1st March 2012 10:28
The past year has been a dynamic one for the music industry with several High Courts in India addressing the rights of underlying rights holders in sound recordings.  These rulings are a ray of hope for radio stations that have for years battled a double royalty for the broadcast of music.  & ... Read more...

2012: Malaysia’s Push for IP Change

By Charmayne Ong, Posted: 29th February 2012 10:29
The year 2012 is expected to be a year full of change to the IP regime as it is the culmination of a number of years of discussion and consultation in the ever-continuing process of bringing the country’s domestic legislation and practice in line with international IP standards and obligations. Boosting this process is the Prime Mini ... Read more...

Why Protecting your Trademarks in China is a Top Priority for Doing Business – Part II

By Lukas Steinberg , Posted: 27th February 2012 11:45
Unfortunately albeit not surprisingly, even registered trademarks are far from being safe from infringement. As one marketing expert put it, if your product is not being counterfeited in China, you did a bad job. Enforcement may be unavoidable depending on the individual case and if the infringement interferes with the company’s business interest. There are several channels that ... Read more...

Why Protecting your Trademarks in China is a Top Priority for Doing Business – PART I

By Lukas Steinberg, Posted: 7th February 2012 10:29
When evaluating the opportunities for doing business in China, most entrepreneurs are more or less aware of the fact that the company’s intellectual property rights (IPR) will be exposed to a precarious legal environment that undergoes considerable changes to this day.  One may find that the level of legal protection offered to IPR in case a dispute arises is ... Read more...

IP-Implications of the new Unitary EP-patent system for SME-businesses and Universities

By Paul-Alexander Wacker, Posted: 23rd January 2012 10:54
With the substantial progress in harmonising IP regimes across the world: like the Patent Cooperation Treaty (PCT) (1970), the Agreement on Trade-Related Aspects of IP Rights (1994) and the Singapore Treaty on the Law of Trademarks (2004)) and in Europe (through the European Patent Convention, the Community trademark, the Community design and the EU IP Rights Enforcement Directive (2004/4 ... Read more...

General Intellectual Property in China

By Wubin Yan, Posted: 20th January 2012 11:01
China is a member of Berne Convention, WIPO Copyright Treaty, PCT Treaty, Paris Convention, Madrid Agreement for International Registration of Trade Marks and its Protocol, WTO, Phonograms Convention, Patent Cooperation Treaty, UPOV Convention, Washington Integrated Circuits Treaty and TRIPs Agreement and has its comprehensive legal system to protect Int ... Read more...

International Business Aspects of the New U.S. Patent Law

By Steven E. Warner & Kristina M. Mahoney, Posted: 10th January 2012 09:55
The 2011 Leahy-Smith America Invents Act (“AIA”) was signed into law by United States (“U.S.”) President Obama on September 16, 2011, making major changes to the patent laws in the U.S.  Perhaps the most significant change is the move from a first-to-invent system to a first-inventor-to-file system.  This modification and others in ... Read more...

ORANGE vs. ORANGEWORKS Judgment

By Emmie de Kock & Rina Gunter, Posted: 9th January 2012 10:10
In September 2010, Account Works Software (Pty) Limited t/a ORANGEWORKS, a young South African company selling accounting software, received a favourable judgment from the South African Registrar of Trade Marks, in a “David and Goliath” battle, against Orange Personal Communication Services Limited, a multinational tel ... Read more...

UK: Licensing – Getting Value For Your IP Investment

By Helen Scott-Lawler and Hannah Court, Posted: 3rd January 2012 09:29
Intellectual Property rights are vital assets for many businesses and licensing to others is one of the key methods used to exploit those rights.  Done properly, licensing can be of immense value as a tool for generating revenue and advancing the reputation and market reach of the licensor.  However, get it wrong, and the consequences could go far beyond a failure to cap ... Read more...

Marketing Innovative Drugs in Canada

By Daphne C. Lainson, Posted: 20th December 2011 09:26
Canada is seeing a surge in small to mid-size pharmaceutical companies marketing directly in Canada.  Canada’s public payer system and broad access to healthcare make it an attractive market, as does its proximity to the U.S. border. While companies are exploring the “Great White North”, it is im ... Read more...

Highlights of the America Invents Act (AIA) for ` and Inventors/Clients

By Eric Kurtycz, Posted: 16th December 2011 10:39
By this point in time, it is safe to say that about every U.S. patent practitioner is aware that there has been a major change in U.S. patent law in the form of the “America Invents Act”.  Inventors/Clients should be cognizant of the fact that the Act has the potential to bring some major changes to the U.S. patent system and should seek out the advice of thei ... Read more...

No Cutting Corners in Copyright Litigation

By Herman Blignaut, Posted: 15th December 2011 11:05
It is trite law that copyright is a technical subject.  A heavy burden of proof rests on the shoulders of a Complainant in copyright infringement proceedings.  In short, it is necessary for a Complainant to show that the works in respect of which protection is sought are eligible for copyright and that copyright subsists in the works.  This requirement includes ... Read more...

Is Your Company Ready for “.Anything”?

By Keith Barritt, Posted: 12th December 2011 09:39
The Internet as we know it may soon be changing forever.  From January 12, 2012 to April 12, 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) is expected to accept applications for new generic “top level” domain names (gTLDs), which is the text to the right of the dot, where .com, for example, is now.  ... Read more...

A new domain for lawyers: Cloud computing, a French perspective

By Richard Milchior, Posted: 9th December 2011 09:10
Everyone has heard about the new paradise that is being offered to minimize the cost of the information system:  cloud computing. This is an oxymoron however, since the salesmen and advertisers present this solution as a bright and clear one, nevertheless, it is sold under the word cloud, which when considered under its adjec ... Read more...

Copyright across borders

By Sarah Byrt and Daniel Hart, Posted: 2nd December 2011 10:35
Three recent cases – on Darth Vader, digital rights and databases respectively – all shed light on where you can sue for intellectual property infringement and how you can enforce your rights to get an effective remedy.  Each relates to the media sector but raises issues which are of interest to all business which regard IP rights as important assets. ... Read more...

Federal Court of Appeal weighs in on business methods

By Brian W. Gray, Adam B. Haller & Allyson Whyte Nowak, Posted: 1st December 2011 10:28
On November 24, 2011, the Federal Court of Appeal released its highly anticipated decision in the case of Amazon.com’s so called ‘one-click’ patent.(1)  The Federal Court of Appeal set aside the decision of the Trial Judge and referred the case back to the Commissioner for expedited re-examination in accordance with its reasons. & ... Read more...

Managing Domain Names

By Maggie Ramage, Posted: 29th November 2011 10:42
Domain name registration and maintenance is an area of law that has grown very quickly- perhaps too quickly for owners of domain name registrations to really think through domain name management.  All too often, companies have little or no cohesive strategy for domain name ownership, management or renewal. A domain name management strategy is essential. &n ... Read more...

Business Method Patents In Canada- the Amazon case

By Brian W. Gray, Posted: 25th November 2011 10:37
On October 14, 2010, the Federal Court of Canada released its highly anticipated decision in Amazon.com, Inc. v. ... Read more...

An Overview of the US Law of Trade Secrets and Confidential Information

By Steven M. Weinberg, Posted: 24th November 2011 10:36
Introduction Among the most important assets of a company is its non-public competitively significant information and know-how.  In today’s fast-paced highly competitive marketplace, where opportunities are won and lost in blinks of an eye, having a protected competitive edge more often ... Read more...

Battleground IP

By Nandan Pendsey, Posted: 23rd November 2011 10:31
The last couple of years have witnessed a tremendous growth in IP litigations in India.  This may have been prompted by several factors inter alia the enhanced awareness of the importance of intellectual property assets, fierce competition in the marketplace and the high stakes involved and the Courts in India becoming increasingly IP savvy, just to name a few.  The year ... Read more...

Caring for the Fruits of the Harvest: Intellectual Asset Management (IAM)

By Andrew J. Sherman, Posted: 8th November 2011 09:20
“Knowledge idle in a database is like food in a freezer. Nothing ever came out in better shape than it went in.” — ... Read more...

IP considerations for high-tech companies entering the China market

By Margaret Burke and WuBin Yan from Ella Cheong (Hong Kong & Beijing), Posted: 21st June 2011 11:14
Whatever your motivation for entering the China market, as a technology-oriented company it is important to define your objectives up front, devise your corporate vehicle for doing business in China, and carefully police the use of your inbound intellectual property while ensuring that future IP developed in China is properly protected.  While China offers unparalleled opportunit ... Read more...