World Intellectual Property Review is published by: Newton Media Limited 15-17 Newton Way
Woolsthorpe-by-Colsterworth NG33 5NR United Kingdom Telephone: +44 203 301 8200
Directors and publishers Nicholas Lipinski and John Eddington Editor
Peter Scott
Telephone: +44 203 301 8211 Email:
pscott@newtonmedia.co.uk
Sub-editor Susan Gault
Journalist Mark Dugdale
Associate publisher John Haley
Telephone: +44 203 301 8205 Email:
jhaley@worldipreview.com
Advertising manager Matt Saunders
Telephone: +44 1926 423 781 Email:
msaunders@worldipreview.com
Production and design
Strano & Pettigrew Design Associates
www.stranoandpettigrew.com
©Newton Media Limited 2011
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electrical, mechanical, photocopying,
recording or otherwise without the prior written permission of the publisher.
The views expressed in World Intellectual Property Review are not necessarily those shared by the publisher, Newton Media
Limited. Wishing to reflect the true nature of the market, we have included articles from a number of sources, and the views expressed are those of the individual contributors. No
responsibility or liability is accepted by Newton Media Limited for any loss to any person, legal or physical, as a result of any statement, fact or figure contained in World Intellectual Property Review.
This publication is not a substitute for advice on a specific transaction.
The publication of advertisements does not represent endorsement by the publisher.
World Intellectual Property Review: ISSN 1758-7528 (Print) Cover image:
©
iStockphoto.com / GeorgeClerk
www.worldipreview.com
EDITOR’S NOTE A done deal
For at least the last two decades, people have been predicting China’s rise to global economic pre- eminence. But in the wake of the difficulties of the last few years, difficulties that hit the existing economic powerhouses far more severely than China, it hardly seems appropriate to make such predictions any more. For even if China is not quite yet the world’s largest economy (that dubious honour still belongs to the US), it is increasingly its most influential.
Most international businesses now know that if they want to maintain their success in the long term, they need to think about China, both as an opportunity and a threat. An opportunity, because a successful economy translates into a burgeoning middle class, which means more consumer spending and greater potential for sales; and a threat, because any successful brand faces imitators and counterfeiters, and in China, these can be a particular problem.
In this issue, we focus on China. Especially, we look at counterfeiting and explore the various means that brands have at their disposal to deal with it. Te best method is not always the most obvious, and companies that are used to policing trademarks and brands in other countries may find it beneficial to take a different approach in China. We also feature an interview with Zhipei Jiang, a former chief justice of IP at the Supreme People’s Court in China. With more than 30 years experience shared between the private and public sector, he knows as much about the evolution and practice of IP in China as anyone.
Finally, we take a look at the legal landscape in China. Te number, quality and variety of intellectual property law firms in China grows by the day, as local practitioners wise up and international firms look to establish themselves in the market of the future. We talk to several practitioners on both sides of the local/international divide and assess what the future might look like for legal practice in the country.
Of course, with INTA coming up, trademarks are big news. Tis issue of World IP Review has perspectives on the key concerns of trademark owners and practitioners in India, Mexico and Turkey, to name a few. But there’s something for patent professionals too, with features on licensing in Brazil and pharmaceutical patents in the US.
We hope, whatever your speciality, you’ll find something here to interest you. If you do (and especially if you don’t), please do get in touch, perhaps by visiting us at INTA. See you in San Francisco.
Peter Scott Editor
EDITORIAL PANEL
Stefan Abel, partner, Bardehle Pagenberg
Roberto Arochi, partner, Arochi Marroquín & Lindner SC
Roberto Barchiesi, president, International AntiCounterfeiting Coalition
Colin Davies, director, intellectual property law unit, University of Glamorgan
Michael Factor, partner, JMB Fa©tor & Co
Ronald Faggetter, managing partner, Smart & Biggar/ Fetherstonhaugh
Maurice Gonsalves, partner, Mallesons Stephen Jacques
Richard Gough partner, Baker & McKenzie
Chris McLeod, director of trademarks, Squire Sanders Hammonds
Jacqueline Needle, partner, Beck Greener
Sergio Olivares, partner, Olivares & Cia
John Pegram, senior principal, Fish and Richardson PC
Rebecca L. Roby, senior director of business affairs, Hard Rock International
Pier Luigi Roncaglia, partner, Studio Legale SIB
Mario Soerensen Garcia, founder and managing partner, Soerensen Garcia Advogados Associados
Paul J. Sutton, co-founding partner, Sutton Magidoff LLP
Stephen Yang, partner, Peksung Intellectual Property
World Intellectual Property Review May/June 2011
3
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84