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In a preliminary injunction proceeding between Hilti AG and Milwaukee Corp, Hilti alleged that its Austrian mark for the colour red (RAL 3020) for "cases for hammer drills" and its three-dimensional Community trade mark for a red case for the same goods were infringed. The colour mark and the three-dimensional mark were registered following the filing of proof that the interested circles recognised the marks as an indication of origin (secondary meaning). Milwaukee sells sets of tools, including hammer drills, in red cases.

Three recent Canadian Federal Court and Federal Court of Appeal decisions make reference to fundamentals of the patent system and all involve questions of validity of claims that are directed to either (i) a specific form of a known chemical molecule having distinct biological properties (so-called enantiomers, mirror images of the same molecule where each enantiomer can have significantly different biological activity); or (ii) a particular medical use of a known chemical compound [Janssen-Ortho v Novopharm (2007), Pfizer v Ranbaxy (2008); and Eli Lilly v Apotex (2008)].

Keith Callinan and James Cleeve of Marks & Clerk outline how to ensure that your patent filing strategies in Asia comply with the law

Valentín Mir outlines the achievements of the EC-ASEAN Intellectual Property Rights Programme ECAP II

The 2nd Global Forum on Intellectual Property, January 8 and 9 2009, Singapore

In the 12 months since Managing IP published its last Asia-Pacific Focus, the increased influence of countries from the region on the IP system has become apparent. High-profile patent disputes in India and the continuing controversy over compulsory licences in Thailand have dominated debates over patents and access to medicines.

Yoshitaka Sonoda of Sonoda & Kobayashi examines a recent case and outlines the implications for patent infringement litigation strategies

Stephen Mulrenan, London

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There have been nearly $70 billion worth of deals in the pharmaceutical industry in 2008, almost double the value of last year. Eklavya Gupte investigates the reasons why there is so much activity and finds out how IP is driving the deals