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Courts around the world dealt with some cutting-edge IP cases during 2009. Managing IP's team of journalists explain how the winning side prevailed in 10 of the most important

It is very difficult to cancel registered trade marks in Vietnam (even cases of obvious bad faith may take up to two years to resolve, which is both time-consuming and costly to rights owners). This means rights holders and their counsel need to quickly oppose trade mark applications prior to registration. Accordingly, it is important to understand the relevant timelines that affect the filing of oppositions in Vietnam.

Pursuant to Article 67.1.3 of the Patent Act, an interested party may begin invalidation proceedings against an invention patent if the patent owner is not entitled to the invention.

In 2009, a Swiss Federal Act establishing a specialised Federal Patent Court was passed. The new court will become the only first instance Swiss court for patent infringement and nullity proceedings (which to date have been handled by 26 cantonal courts of first instance), with Swiss national patents and the Swiss parts of European patents falling within the Court's jurisdiction. The Swiss Federal Court will retain its present function as second instance in patent matters. The new Patent Court will be constituted in 2010 and is expected to take up work early in 2011.

Over the last four years there has been a clarification of the Polish Patent Office's (PPO) practice in the field of patent prosecution. The application of a divide-and-conquer approach to subject matter of patent applications have resulted in narrow criteria of patentability in general being established.

Indran Shanmuganathan and Malini Madiyazhagan of Shearn Delamore & Co explain the limits of trade mark use and how owners need to be aware of how to use their marks to avoid cancellation actions

Azlina Aisyah Khalid of Henry Goh & Co looks at how companies can enforce their own marks and oppose conflicting applications

Dave A Wyatt of Henry Goh & Co outlines effective strategies for securing patent protection in Malaysia

Under Section 39 of the Singapore Patents Act, where a patent has ceased to have effect because of a failure to pay any renewal fee an application for the restoration of the patent may be made. Under Rule 53(1), this application must be made within 30 months from the date on which the patent ceased to have effect, with an accompanying statutory declaration or affidavit setting out the grounds for the application and evidence in its support.

Section 27 of the Thai Trade Mark Act allows for the possibility that confusingly similar trade marks may be registered if they have been honestly and concurrently used by their owners. This provision, however, has seldom been put into practice by the Thai Registrar and Board of Trade Marks when considering applications for potentially similar marks. Instead, the Registrar and the Board tend to flatly reject marks that may be deemed similar to existing registrations.