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Despite extensive case law, there are still unanswered questions about repackaging of pharmaceutical products in the EU. Niels Lagerkvist Lehmann of Valea reviews the latest developments

In Hewlett-Packard Company v The Department of Intellectual Property [Supreme Court Case no 3685/2551 (2008)], the Supreme Court affirmed the judgment of the Central Intellectual Property and International Trade Court (IP&IT Court) by using the concept of distinctiveness through use or secondary meaning.

In Taiwan, a registered trade mark is vulnerable to non-use cancellation if, without justifiable cause, use of the trade mark has not begun within three years of its registration or after a period of time, use of the trade mark has been discontinued for a period in excess of three years.

In view of recent advances in technology, copyright protection has to be more complex. The widespread use of electronic modes of communication and data storage makes it essential that copyright law takes these technologies into account to safeguard the interests of the copyright owners and provides them with effective remedies.

The Bureau of Legal Affairs is often reluctant to recognise marks as internationally well known. Editha R Hechanova of Hechanova Bugay & Vilchez provides some guidance for brand owners

On January 16 2009, the Appeals Court of the Supreme People's Court in Ho Chi Minh City overturned a ruling of a lower court in a trade mark cancellation case that has drawn the attention of many IP practitioners and scholars in Vietnam.

The Korean Patent Court has been increasingly using survey results as evidence to establish the distinctiveness of a trade mark. Distinctiveness is a requirement for registration and is often one of the main issues in trade mark infringement disputes. Until recently, the Korean Patent Court was reluctant to accept surveys as evidence to support distinctiveness, even though surveys may be the best method to show consumers' recognition of a trade mark. A main reason for the reluctance of the Patent Court was because the Court often found the surveys were designed to favour the plaintiff and could be interpreted many different ways.

Amanresorts Limited and Amanresorts International Pte Ltd (Amanresorts) are two companies under the umbrella of the Amanresorts Group. Amanresorts are the proprietors of various trade marks comprising the word Aman and/or the prefix Aman including Amanusa around the world (but their Amanusa mark in Singapore was not renewed at the relevant time). Amanresorts operates many exclusive and luxurious hotels and resorts around the world and Amanusa is one of Amanresorts' exclusive high-end resorts in Bali.

Very well known trade marks can secure broader and more robust protection under Chinese law. But only if they can secure well-known trade mark status, as Xiang An and Lu Jin of China Sinda Intellectual Property in Beijing explain

China's legal system provides IP owners with a wide array of tools to protect their rights. But to make the most of it, you need to understand it. Eion Murdock and John Lee of law firm Lehman, Lee & Xu explain what tools and strategies are available