Resources
The quality and depth of Rouse's IP resources gives it, and its clients, the edge.
2009
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.
December 2009
On 1 October 2009, the third amendment to China's patent law will come into force. This amendment contains a number of important changes, including the introduction of 'absolute novelty'. This article looks at some of the practical implications of the change and how the concept of 'absolute novelty' is likely to be applied in practice in China.
December 2009
The landscape of IP enforcement in China is changing. Whereas in the past, the first line of attack against infringers was usually administrative action, IP owners are increasingly seeing the advantages of civil court action. There are good reasons for this change of approach.
December 2009
As Middle Eastern (ME) countries strive to develop technology-based economies within impressively short timeframes, governments across the region are taking great strides towards creating modern patent systems that reflect international standards.
December 2009
Last month, Nielsen Vietnam released the results of a year-long survey of Vietnamese attitudes to fake goods. The survey, conducted with the assistance of the Italian Trade Commission, revealed that fake goods account for half of all retail sales in Vietnam's two main cities, Hanoi and Ho Chi Minh.
December 2009
On November 17 2009 the UAE Trademark Office issued a notice to all trade mark agents and representatives stating that it has introduced further changes to the payment of publication and registration fees for accepted UAE trade mark applications.
December 2009
As China speeds towards becoming an innovation-based economy, foreign businesses 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.
the efficacy of that system mean that due diligence is more vital than ever for rights holders.
December 2009
Applying for both patent and utility model protection is still feasible under the new Chinese Patent Law, and in many situations it could make perfect sense.
November 2009
In recent years the Indian economy has opened up and grown dramatically. As a result, India's prominence in the global economy has increased significantly, sparking huge interest from foreign investors.
November 2009
Last week, the UK government announced a new law that, if passed, would force Internet service providers to provide information about suspected copyright infringers and cut off their Internet connections without trial.
November 2009
After almost a year's delay, the Indonesian government's long-anticipated overhaul of the intellectual property laws is back on track.
November 2009
The rapid rise of social networks such as Facebook and Twitter is causing some businesses to rethink how they go about protecting their IP.
November 2009
Does the UK patent system reward innovation or speculation?
October 2009
China's legal system consists of criminal, civil and administrative procedures. But as in Vietnam and former Soviet countries, the legacy of centrally planned economies is a far stronger emphasis on administrative procedures than in many other legal systems.
October 2009
Global: How to prove patent infringement
This article looks at the answer to that question in civil and common law jurisdictions by particular reference to four jurisdictions; China, India, Thailand and the UK. It compares mechanisms for establishing patent infringement and discusses the challenges and opportunities presented by different regimes, in particular, for planning and co-ordinating the collection and use of evidence.
Global: How to prove patent infringement
This article looks at the answer to that question in civil and common law jurisdictions by particular reference to four jurisdictions; China, India, Thailand and the UK. It compares mechanisms for establishing patent infringement and discusses the challenges and opportunities presented by different regimes, in particular, for planning and co-ordinating the collection and use of evidence.
October 2009
India: Basmati, pashminas and the law
A guide to protecting geographical indications in India. Geographical Indications (GI) constitute an important category of intellectual property (IP) law and are of particular significance to some countries. Most commonly, a GI includes the name of the place of origin of the goods.
India: Basmati, pashminas and the law
A guide to protecting geographical indications in India. Geographical Indications (GI) constitute an important category of intellectual property (IP) law and are of particular significance to some countries. Most commonly, a GI includes the name of the place of origin of the goods.
October 2009
Protests by legislators and ministers over the so-called theft of Indonesian culture have highlighted just how little the government knows about intellectual property. Should we be concerned? Yes. There are serious implications for the country's economic future.
October 2009
The next Football world cup, the 2010 fifa World Cup South Africa, is fast approaching. Millions of fans around the globe will find out in November if their national team has made it through the qualification round to the final tournament in South Africa next June. This article is intended to assist the in-house lawyers of responsible companies who wish to avoid their companies unintentionally infringing the marketing rights in the World Cup.
October 2009
It is now eight years since China's trade mark law was amended to provide for the registration of 3-D marks. The law was amended in December 2001, and since then thousands of 3-D trade marks have been registered. But on what basis have they been registered? Does a 3-D trade mark enjoy the same protection as a traditional mark?
October 2009
As Middle East countries strive to develop technology-based economies within impressively short timeframes, governments across the region are taking great strides towards creating modern patent systems that reflect international standards.
October 2009
Asset management is a term commonly used by corporate finance professionals. This article, however, looks at an area of asset management that may not usually come to mind: the management of intellectual property (IP) assets.
October 2009
There is an old Chinese saying: "Recognising what you do not know is a virtue. Not making use of what you do know is a defect." When it comes to intellectual asset management (IAM), the challenge is both to recognise and remedy where there is lack of knowledge, and to make the best use of what is known. This article looks at how organisations can improve their IAM.
October 2009
Indications are that the Commercial Court is relaxing its very strict rules, making it easier for trade mark owners to delete unused pirated marks.
October 2009
A brief introduction to practical IP enforcement in the UAE, focusing on methods that have proved successful in the enforcement of trade marks. It is hoped that, as the experience of the relevant authorities develops, these methods will prove to be just as effective in the enforcement of other IP rights.
October 2009
Not so long ago, in a courtroom far, far away, raged a fierce battle over a Briton selling replica Star Wars paraphernalia. Karen Fong sheds some light on the dark side of IP.
September 2009
In July, the China Trade Mark Association held a seminar for Chinese trade mark practitioners. During this seminar, the Trade Mark Review & Adjudication Board (TRAB) discussed a number of policy changes, as well as guidelines for 'well-known' trade mark status which had been issued in April this year.
September 2009
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.
August 2009
China was initially suspicious of patent pools, viewing them as a threat to national interests. However, there is now a growing appreciation of the importance of joining pools and creating its own technologies, rather than resisting them
August 2009
Counterfeiting and infringement are the major threats that trade mark rights owners face in China.
August 2009
To establish copyright infringement, it is necessary to show that the Defendant has copied the Plaintiff's copyright work and that the whole, or a substantial part, of the work has been reproduced.
August 2009
On 6 June 2009 the Guangzhou Intermediate Court in China published its final judgment in an unfair competition dispute: Mars Food (China) vs. Jinlitai Food.
July 2009
Pharmaceutical giant Lilly ICOS LLC successfully injuncted Scilla Biotechnologies from using the mark SCALIS and identical trade dress, including the shape of the tablets.
July 2009
On 23 December 2008, the Indian Parliament passed a Bill which radically amends the Code of Criminal Procedure and curtails the powers of police officers to make mandatory arrests.
July 2009
It is common for internet search engine service providers to allow bidders to bid on keywords (or adwords) which results in the bidders' website link or advertisement being given position preference when internet users type that particular keyword into search engines.
July 2009
With the increasing sophistication of the Chinese infringers, IP owners are being forced to develop more sophisticated enforcement strategies.
July 2009
To save research and development (R&D) or marketing expenditure businesses may be tempted to benefit from the innovation, creativity or efforts of others.
July 2009
The Delhi High Court has found that an Indian law firm's use of the business name Lex
Nexus violated the trade mark rights of Reed Elsevier Company.
Nexus violated the trade mark rights of Reed Elsevier Company.
July 2009
The Supreme People's Court has, for the first time, recognised a form of punitive damages for IP rights infringement.
July 2009
Among the top 10 cases of the year selected by the Chinese People's Supreme Court, five were of key significance to trade mark owners.
June 2009
The third amendment to China's patent law, which will come into force on October 1, will introduce formal and substantive changes to design patent practice. This article summarises some of the key amendments to design patent law, and provides commentary on how the amendments will affect future design patent prosecution and invalidation.
June 2009
Despite fierce criticism from IP rights owners, a new bill, which is set to come into force in the near future, will significantly water down India's criminal enforcement system.
June 2009
Since the first Chinese patent law was promulgated 25 years ago it has been amended twice to move China's patent regime towards international standards.
May 2009
Questions from around Europe, which should shed light on whether registering keywords or accepting registrations for keywords can be trade mark infringement, are currently pending in cases before the ECJ. If the ECJ give full answers, this could profoundly affect the law relating to online advertising Europe-wide including the UK.
May 2009
In April 2009, the Chinese Supreme People's Court (SPC) published its list of model IP cases for 2008. These included both civil and criminal IP-related court judgments on the mainland. In one such judgment, the SPC acknowledged a criminal case in Fujian province, citing it as a useful reference for assessing valuations.
Pharmaceutical companies seeking protection of their brand names that have been derived from the chemical name of the medicine face a new set of challenges in India.
May 2009
Webinar on Digital Piracy in China
May 2009
A number of recent civil cases suggest that the registration of misleading enterprise names, or 'evil twins', is a growing trend in China.
May 2009
This article addresses the registrability of trade marks, and also the assessment of similar marks or goods, two areas that have had practitioners scratching their heads in recent years.
May 2009
Patent infringement claims can be brought in the Patents Court (a division of the High Court) or the Patents County Court. The Intellectual Property Office (IPO) will issue a non-binding opinion on infringement at the request of either party.
May 2009
United Kingdom: Brand Best Practices
A special roundtable discussion focusing on the brand creation and management process.
A special roundtable discussion focusing on the brand creation and management process.
April 2009
When it comes to intellectual asset management (IAM), the challenge for the in-house lawyer is both to recognise and remedy where there is lack of knowledge, and to make the best use of what is known.
April 2009
Although brand owners are keen to protect the sounds and jingles associated with their products and services, the system for registering and protecting them on a worldwide scale is far from consistent.
April 2009
How do, and how will, these tough economic times impact upon counterfeiting and rights holders' ability to do something about it?
March 2009
Europe: That's not Fair! Proving Trade Mark Dilution after Intel
You are the owner of a registered trade mark in the European Community. Through careful marketing and promotion, your mark has established a reputation, of which you are rightly proud. You are then told by your marketing staff that they are worried about another trader using a similar mark, on different goods.
Europe: That's not Fair! Proving Trade Mark Dilution after Intel
You are the owner of a registered trade mark in the European Community. Through careful marketing and promotion, your mark has established a reputation, of which you are rightly proud. You are then told by your marketing staff that they are worried about another trader using a similar mark, on different goods.
March 2009
IP holders usually have to manage their rights portfolios around the world through outside agents. These agents will typically represent the IP holder before authorities
such as the trademark or patent offices, the courts or other enforcement bodies, and
they will counsel the IP holder on local law, procedure and practice.
such as the trademark or patent offices, the courts or other enforcement bodies, and
they will counsel the IP holder on local law, procedure and practice.
March 2009
United Kingdom chapter, Pharmaceutical Trademarks
March 2009
Indonesia chapter, Pharmaceutical Trademarks
March 2009
By implementing a sound and flexible IP management process, universities can spot the technologies most suitable for exploitation and give them a good start in life. For those that do so, there are rich rewards to be reaped.
Febuary 2009
Chinese font owners are now taking a more aggressive stance in enforcing the copyright in their font libraries.
February 2009
Where does the true value of a business lie? The brand name and associated reputation? Innovations and designs? Skills and talents of employees? Clever pricing or other business techniques? These are all intellectual assets, and properly managed they keep their value even in a downturn.
Trade mark infringement on the internet, CLT's 13th Annual IP Conference, 29 January 2009.
Karen Fong and Tom Grek
IP special report: Crimes of fashion, The Lawyer, 19 January 2009
Ross Parsonage
Dispelling some of the myths - Manufacturing and IP in China, The Manufacturer, January 2009
Nicholas Redfearn, Jon Parker and Ben Goodger
Nicholas Redfearn, Jon Parker and Ben Goodger
Recession strategy for IP holders, World Intellectual Property Report, Issue 23, January 2009
