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Tips of the Trade for Enforcing IP Rights

Issued: April 01 2009

When it comes to the cross-border nature of intellectual property rights enforcement, Matthew Laight, managing partner for China at Bird & Bird, summed it up perfectly when he told Asia IP the following:
“Much of our work these days is cross-border enforcement in the form of multi-jurisdictional litigation on parallel IP rights,” he said. “This presents a challenge in that territorial differences in IP laws and the way they are applied means that enforcement will not necessarily be uniform and may sometimes lead to unexpected results.”
Laight went on to say that this is particularly so in less-developed jurisdictions where the Courts have less experience in complex IP disputes. “It is vital, therefore, that we develop a coordinated strategy right from the beginning to ensure that the arguments put forward in one jurisdiction do not undermine those in another.”
With an eye towards the similarities and differences IP practitioners face across Asia and the Pacific Asia IP interviewed dozens of IP lawyers from around the region to find out just what makes each of their jurisdictions unique.