Lead story News However, Chan states that Chinese Supreme Court clarifies Paragraph 5 of the guidelines is particularly strong for brand owners. The section introduces National IP Strategy the use of damages to deter repeat offenders. “If deterrence China’s Supreme People’s Court a positive role in restricting the approach to criminal, civil and is a goal to be pursued through has issued a set of guidelines misuse of China’s IP system.” administrative cases of an award of damages, the new with which to interpret the Since the publication of the trademark infringement,” Chan guidelines may provide IP rights country’s notoriously complex guidelines, practitioners in China commented. “The interpretations owners with another ground to National IP Strategy. have found it difficult to are to be followed by the courts claim damages for infringement The National IP Strategy understand their practical at all levels. However, the desired of their rights,” he says. was published in June 2008 but implications. Paragraph 10 effects at the administrative level The Chinese Supreme has come under criticism for provides guidance to lower may not be as immediately felt. People’s Court has also issued being too complex and lacking courts with regards to imposing The local administrative its third “Five-Year Reform in practical solutions. sanctions for trademark authorities’ approach to Outline of the People’s Courts”, “Preventing misuse of the IP infringement. But, says George enforcement is shaped largely by which proposes changes system in various forms is Chan, IP consultant at Rouse & the local government, and for the period between 2009 fundamental to the smooth Co, striking a unified approach therefore the force of the and 2013. The reform suggests implementation of the National across the country will be a interpretations in certain regions setting up unified IP tribunals IP Strategy,” said Wang Zhengfa, major challenge. “There will be may be blunted, as some local in municipalities and in large a partner with Hylands Law tension between the courts and governments may not share the and medium-sized cities that Firm. “The goals set out in the some local governments that same view as the Supreme deal with significant amounts guidelines, if achieved, will play have expressed a more lenient People’s Court.” of IP cases. News in brief

The Brazilian registry for the ‘.mx’ extension. The reopening will ‘.br’ domain space has liberalized take place in three phases: the the rules and requirements for pre-registration period (to end on ‘.net.br’ registrations. During the July 31 2009), the ‘quiet’ period sunrise period, which finishes on (from August 1 to 31 2009) and the October 6 2009, companies that initial registration period (from already have a ‘.com.br’ domain September 1 to October 31 2009. Howrey. On the Mark. can apply for the same name The Trademark Office of under ‘.net.br’. Paraguay has started to register Neither China nor the United slogans that do not include GLOBAL TRADEMARK PRACTICE States has appealed the trademarks. If the owner of a decision of the World Trade well-known mark applies for the Howrey’s trademark practice has over 70 trademark Organization regarding their registration of a slogan, the professionals working in 17 offices around the world dispute over the Agreement on office will usually consider the Trade-Related Aspects of application favourably on the representing many of the world’s most famous and Intellectual Property Rights. grounds that the slogan will well-known brands. In Chocoladefabriken Lindt & always be accompanied by the Sprüngli AG v Franz Hauswirth trademark in the media and in GmbH (C-529/07, March 12 2009) trade channels. the European Court of Justice’s The Court of Appeal has Advocate General Sharpston has confirmed that the civil courts f Brand naming, including clearance handed down her opinion in the have exclusive jurisdiction over first case in which the court has IP cases. Although the decision f Counseling been invited to provide guidance was issued in a copyright case, on the concept of bad faith in the court added that this f Global prosecution and portfolio management relation to the registration of a principle was also applicable in CTM. To the disappointment of trademark and design rights f Litigation practitioners, she concluded cases. However, as certain that there is no set hard and fast courts of first instance have f Licensing and other transactions rule to assess bad faith. exclusive jurisdiction over Brand identity and reputation management The Hong Kong Trade competition matters, problems f Descriptions (Amendment) may arise in cases involving f Domain name disputes Ordinance has introduced both IP and competition issues. amendments aimed at combating Under Supreme Decree 003- f Enforcement unfair trade practices and 2009-EF recently published in increasing consumer confidence. Peru, IP rights owners are now f Customs and anti-counterfeiting The amendments include two entitled to apply to Customs for new criminal offences relating to the suspension of clearance of false or misleading representation suspected pirate or counterfeit in relation to goods. goods. The Intellectual Property Under the guidance of the Corporation of Malaysia is Department of Intellectual considering extending the scope of Property (DIP), preparations are protection of the Trademarks Act underway for Thailand to join the 1976 to non-traditional Madrid Protocol. On August 2 trademarks. Among other things, 2008 Thailand ratified the Paris it is re-examining the various Convention for the Protection of procedural stages of the Industrial Property in preparation trademark registration process to for entry into the Madrid system. incorporate non-traditional marks. In addition, the DIP proposed a The Specialized IP Section of Trademark Amendment Bill. If the Mexican Federal Court of passed, this bill would harmonize B63/2D/