Articles, Papers and Webcasts


Rouse professionals regularly contribute to journals and other publications and speak at Intellectual Property conferences and seminars. Following is a selected list of their articles, papers and webcasts.
 
July 2010
Customs report sends strong signal to errant IP owners
In June 2010 the Legal Department of the Chinese Customs General Administration (CGA) circulated a report called the “Notice on Re-release of Goods under the IP Rights Border Protection Measures”.
 
July 2010
Shadow companies amendments to become law
On July 7, 2010, Hong Kong's Legislative Council passed the Companies (Amendment) Bill 2010.
 
July 2010
Draft trademark law sent to Parliament
The Lebanese Ministry of Economy has sent a draft Law on the Protection of Industrial, Trade and Service Marks to the Lebanese Parliament.

July 2010
Introduction to Middle East Distribution and Agency Agreements
The laws governing either agency or distribution agreements will vary between Middle Eastern countries, but this article seeks to highlight some common issues and the practical steps international companies can take to address these issues, with a particular focus on the intellectual property (IP) perspective.

May 2010
Registration of infringing company name is prohibited
On April 15, 2010, the Vietnamese government passed a new law prohibiting the registration of company names which infringe a third party's rights.
 
May 2010
China's changing IP Landscape
As China speeds towards becoming an innovation-based economy, foreign businesses have no choice but to engage with the Chinese Intellectual Property (IP) system. However, uncertainty in the efficacy of that system means that due diligence is more vital than ever for rights holders.
 
April 2010
Export company prevented from using shell as part of trade name
In Shell Brands International v Shell Exports (RFA (OS) 29/2010), the Delhi High Court has overturned an order of the single judge and reinstated an injunction against Shell Exports preventing it from using the mark SHELL as a part of its trade name and domain name.
 
April 2010
INTA Bulletin - Delhi High Court Sets Out Strict Guidelines for Online Jurisdiction
In a November 23, 2009, decision on a trademark passing-off action by Banyan Tree Holding (BTH) against Mr. Murali Krishna Reddy, the Delhi High Court outlined strict guidelines for determining juriscition over online disputes (CS (OS) No. 894/2008).
 
April 2010
First Tort Law to protect trademark rights on the Internet
Beginning July 1 2010, the exclusive right to use a trademark in China will be regarded as a civil right and interest protected by the Tort Law of the People’s Republic of China. From the perspective of trademark owners, the promulgation of China’s first Tort Law does more than elevate the status of trademark rights; it also provides trademark owners with another means of combating trademark infringement in China’s largest marketplace - the Internet.
 
April 2010
Patents in Europe
A round-up of key information European patent holders need to know.
 
March 2010
China: Rating jurisdiction standards for IP civil cases adjusted
The Supreme People's Court has announced that, from February 1 2010, courts across China must implement newly adjusted rating jurisdiction standards in IP-related civil cases.
 
March 2010
Indonesia: Counterclaim heard in same proceedings as cancellation action
In Handojo v Director General of Intellectual Property Rights, the Indonesian Commercial Court has raised the hopes of trade mark owners facing the grim and costly task of tackling trade mark infringers in Indonesia.
 
March 2010
Delays in European patent litigation: Is the tide turning?
The European system for granting patents has been a great success. A European patent, applied for via the European Patent Office (EPO), leads to a bundle of national patents that are identical in form but enforceable in each jurisdiction separately. However, while the process for granting patents has been successful, the need for separate enforcement has led to inconsistencies and expensive disputes in Europe.
 
March 2010
Indonesia: Diageo win gives hope to brand owners
The commercial court has raised the hopes of well-known brand owners facing the grim task of tackling trade mark pirates in Indonesia.
 
March 2010
Unregistered Certification Marks Recognised in China – A Case Study
The value and significance of certification marks, which designate the quality of goods, is growing in China. Centred on a recent decision, this article focuses on how business may stop the mis-use of unregistered certification marks through Chinese Anti-unfair Competition Law.

March 2010
CIELA - Bringing predictability to Chinese litigation
Ten years ago, it was a rare sight to see foreign businesses using civil IP proceedings in China to enforce their rights. For the handful of cases that were brought, expectations were limited and outcomes unpredictable.
 
March 2010
What is in store for intellectual property in China's Year of the Tiger
We believe four themes will emerge. First, we will see real progress made by the judiciary as it seeks to implement recent directives of the Supreme Court, leading to
ever more civil litigation.
 
February 2010
ASEAN regional co-operation in design and patent rights
Most members of the Association of Southeast Asian Nations (ASEAN) have enacted intellectual property (IP) laws either inherited from their colonial past or adopted later as part of a drive to modernise legislation. A shared desire to harmonise national laws in the region culminated in the adoption of the ‘ASEAN Framework Agreement on Intellectual Property Co-operation’ on 15 December 1995.
 
February 2010
Generic Trademarks in Asia’s Developing Markets
Most trade mark owners would like nothing better than to own the leading brand in their market sector. But such huge marketing success is a double edged sword. Becoming the dominant ‘go-to’ brand in response, for example, to a request for ‘cola’, ‘tissues’ or ‘sticky notes’, can lead to the worst possible catastrophe for brand owners: the mark becomes so ubiquitous and well-known amongst the public that it loses its essential distinctive function as a trade mark.
 
February 2010
Rouse brings clarity to Chinese IP
China-Britain Business Council member Rouse, an international specialist intellectual property (IP) law firm and consultancy, has launched an innovative IP litigation analysis service called CIELA – China IP Litigation Analysis.
 
February 2010
IP in the MEA during 2009
As the global economy went into free-fall, 2009 proved a busy year for law makers in the Middle East and North Africa. Many countries in the region took steps to improve the legal framework under which IP rights are protected and enforced. This article highlights some of the developments.
 
February 2010
Vietnam - Protecting valuable trademarks
International trademarks like ‘Hard Rock’, ‘Accessorize’ and ‘Debenhams’ have recently been registered in this jurisdiction. Along with these well-known brands, Vieät Nam has a large number of new businesses entering the country with many thousands of new local and international products being launched annually.
 
February 2010
Indonesia - IP taskforce steps up to the plate
After nearly three years of virtual silence, a government taskforce is set to shake up the IP world in Indonesia with a promising programme to change the country's reputation of being soft on intellectual property.

January 2010
India: Forum Shopping and Web Presence
Ranjan Narula and Raka  Roy consider the implications of a ruling in the Delhi High Court where the Court tried to set out a specific guideline on resolving jurisdictional issues arising in online transactions.
 
January 2010
Big Year Ahead for Protection of IP in Indonesia
Intellectual property will be on top of the agenda for the government when the US trade representative makes an annual visit to Jakarta in the coming months. The trade representative put Indonesia on the feared “priority watch list” last year for failing to take adequate steps to protect intellectual property rights.
 
January 2010
Tech Pirates Find Safe Port In Indonesia
Software piracy in Indonesia is an open secret. Copies of everything from Microsoft Windows 7 to the latest games line the shelves of software shops in Ratu Plaza and other malls. All are illegally duplicated, and sell starting at just Rp 25,000 ($2.75) per disc.
 
January/February 2010
The landscape of change in China
As China speeds towards becoming an innovation-based economy, foreign business have no choice but to engage with the Chinese IP system. However, uncertainties in the efficacy of that system mean that due diligence is more vital than ever for rights holders.

January/February 2010
Double filing under China’s new Patent Law
One of the more significant changes introduced by the third Amendment to China’s Patent Law, which came into effect on 1 October 2009, relates to ‘double filing’: the filing of applications for both invention and utility model patents. Implementing Regulations, which are likely to include more detail in relation to the changes, are yet to be finalised.
 

Archived Articles
2009
2008