Asia-Pacific

Recently, the Korean Patent Court rendered a favourable decision on the patentability of medical use inventions in which strict scrutiny was employed for two aspects of the enablement and inventiveness requirements.

On April 21 2020, Beijing High Court issued the guiding opinions on the determination of damages in cases of infringement of intellectual property rights and unfair competition as well as the judging standards for statutory compensation ("关于侵害知识产权及不正当竞争案件确定损害赔偿的指导意见及法定赔偿的裁判标准") (opinions).

In September 2020, New Zealanders will participate in a non-binding cannabis referendum on the question of whether to legalise the use and supply of cannabis. New Zealanders will be given the option of voting either for or against the proposed Cannabis Legalisation and Control Bill (the Bill). The final version of the Bill, which was released in May 2020, legalises the use of cannabis for persons over the age of 20, but places severe restrictions around the promotion and packaging of cannabis products.

While Vietnam, like the rest of the world, has been focusing on fighting the COVID-19 pandemic, the Vietnamese courts have quietly recorded new milestones in the judgment of patent cases. One of those milestones came on March 12 2020, in a decision on appeal settlement issued by the Superior People's Court of Ho Chi Minh City against a provincial court's decision on suspension of a patent case.

The city of Manila was placed under Enhanced Community Quarantine (ECQ) on March 16 2020 and all government offices and private businesses except those providing essential services, were required to work from home or closed. Public transportation was suspended, and everyone was required to practise social distancing and wear face masks.

COVID-19 has created an unprecedented crisis resulting in the Indian government clamping down on the movement of people, goods and services. This has had an impact on every facet of business and has encouraged consumers to focus on their health and well-being. With social distancing becoming the "new normal", the impact of coronavirus on brick-and-mortar stores during the lockdown phase and post lifting of stay-at-home orders is likely to be profound. It is expected that consumers will avoid close interaction and crowded places such as malls and supermarkets in times to come. Thus, in the short to medium term, consumers' shopping habits will witness a gradual but definite shift from brick and mortar stores to online portals and e-stores. Brands in India are therefore increasingly focusing on setting up their own e-stores, creating arrangements and partnerships with online portals. Big offline stores such as Future Group (Easy Day and Big Bazaar), Spencer's Retail, Metro Cash & Carry and Walmart's Best Price stores have increased efforts to service customers online, building a comprehensive model to deliver groceries and goods. Many stores have started to partner with food delivery platforms such as Swiggy, taxi-hailing app Uber Eats, and bike taxi startup Rapido. This article focuses on how brands' sudden shift to online will need a strategic focus in terms of building a brand protection strategy.