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  • 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
  • Customs control represents a critical element in the battle to protect intellectual property rights globally. The General Administration of Customs is seeking for enhanced cooperation with right holders, as Paul Ranjard, Huang Hui and Zhu Zhigang from the Wan Hui Da IP Agency explain
  • The utility model patent represents a faster and cheaper way of registering a patent. But few foreign firms use them. Stephen Yang, a patent attorney and a partner with Peksung Intellectual Property, explains their benefits
  • In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing attempts to navigate the legal complexities that surround this issue
  • Patent infringement court proceedings are the most common type of patent case to go to court in China. Yi Wenhui and Liu Yungui from Hylands Law Firm explain the processes used, the time such cases take, their costs and the potential damages
  • Copyright protection in New Zealand is governed by the Copyright Act 1994. The New Zealand Government recently passed a number of controversial amendments to this Act in an effort to bring it up to speed with emerging advances in digital technology and to deal with the massive problem of copyright infringement on the internet.
  • The IP High Court has reversed a Tokyo District Court decision in a groundbreaking decision for Japanese broadcasters. The case pitted KK Digital Kaden against the Japan Broadcasting Corporation (NHK) and ten other broadcasting companies, plaintiffs-respondents.