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Within a very short period of time, the ECJ had to answer two questions from the Austrian Oberster Patent- und Markensenat for a preliminary ruling. Both questions concerned Article 12 of the Trade Mark Directive, that is the genuine use of a trade mark, and in both cases the trade marks were used without gaining any profit by the trade mark owner. So one could assume that the answer to both questions should be similar – not at all!

The Full Federal Court has rebuffed an attempt to appropriate the international reputation of the Monster Energy brand drink in Australia in Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCAFC 181.

On January 19 2009, the Supreme Court rendered its decision in case no GR 175769-70 denying the petition of ABS-CBN Corporation, which accused Philippine Multi-Media System Inc (PMSI) of violating its broadcasting rights and copyright. This case arose from a 2002 administrative complaint filed with the Bureau of Legal Affairs of the Intellectual Property Office (IPOPhil) by ABS-CBN, the Philippines' top broadcasting company, against PMSI, a provider of a direct-to-home television services using satellite, alleging that PMSI's unauthorised rebroadcasting of ABS-CBN's Channels 2 and 23 infringed on its broadcasting rights and copyright. ABS-CBN anchored its complaint on Sections 211 and 177 of the IP Code, which provides that broadcasting organisations shall enjoy the exclusive right to carry out, authorise or prevent the rebroadcasting of their broadcasts, and copyright or economic rights shall consist of the exclusive right to carry out, authorise or prevent the public performance of the work, and other communication to the public of the work.

Statistics show that in Argentina, as in the rest of the world, there is a constant growth of piracy related to copyrighted works, making adequate copyright protection increasingly relevant.

In a recent ruling by the Advertising Standards Authority (ASA) of South Africa, Emirates Industries was ordered to withdraw the packaging of its Mister Bean Baked Beans product. The ASA Directorate found that the packaging contravened Clauses 8 and 9 of the ASA Code, in that it exploited the advertising goodwill, and imitated the packaging of, Tiger Brands' Koo Baked Beans.

• WTO report deals blow to US The WTO's panel report in the US-China IP case has confirmed that the USTR lost on the key issue of whether China's thresholds for criminal IP enforcement are too high. The 147-page report, published on January 26, was hailed by Acting US Trade Representative Peter Allegier as "an important victory" but he admitted disappointment over the section on China's criminal enforcement. The findings of the report are the same as those of a preliminary report that was leaked last October.

Felicity Hide and Birgit Clark examine the ECJ's recent decision on the dilution test in Intel and look at the practical implications for owners of famous brands

China's developing IP system faces some big tests in 2009. Janice Qu and Peter Ollier spoke with SIPO commissioner Tian Lipu about patent amendments, the National IP Strategy and the Office's global role

London loses a patent judge The Patents Court in London is losing one of its three most specialised judges, after Mr Justice Kitchin was appointed to hear general legal matters around the country. The appointment, known as being "on circuit", means Kitchin will be required to hear cases in Crown courts, including serious criminal trials. The appointment is expected to last two years.

Atsushi Okada of Mori Hamada & Matsumoto outlines two legislative reforms enacted in 2008 concerning anti-spam laws and internet filtering regulations, as well as recent legal developments within the Japanese government toward potential copyright law reforms