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In Tanduay Distillers Inc v Ginebra San Miguel Inc (GR No 164324), decided on August 14 2009, the Supreme Court (SC) reiterated the principle that a preliminary injunction is a provisional remedy for the protection of substantive rights and interests, and that its objective is to prevent a threatened or continuous irreparable injury to some parties before their claims can be thoroughly investigated and advisedly adjudicated. It is resorted to only when there is a pressing need to avoid injurious consequences that cannot be remedied under any standard compensation. The SC found that San Miguel failed to demonstrate clearly and unmistakably its right to injunctive relief.

The Australian courts have continued to restrict the ability of applicants to obtain shape trade marks. In the latest case of Chocolaterie Guylian NV v Registrar of Trade Marks [2009] FCA 891, the Federal Court has agreed with the Registrar's refusal to register Guylian's well-used shape of a seahorse despite substantial use and high levels of consumer recognition.

OHIM President Wubbo de Boer wants to reform the opposition system for Community trade marks

Claiming joint-inventor status after a patent has been granted in Taiwan does not necessarily give the claimant the right to the patent.

On July 2 2009 the Republic of Poland acceded to the Geneva Act (1999) of the Hague Agreement, which enables the protection of industrial designs in a number of member states and intergovernmental organisations by filing a single international application with the International Bureau of the World Intellectual Property Organization. At present, there are 35 contracting parties to the Geneva Act, while the total number of contracting parties to the Hague Agreement amounts to 56.

Last March Korea's National Assembly Committee on Culture, Sports, Tourism, Broadcasting & Communications passed a bill to amend the country's copyright laws to include a so called "three strikes" law to ban illegal uploading of copyright works of others. Despite a great deal of anxiety by many over the passage of the bill, especially from the online community, the revised copyright law came into effect on July 23 this year.

Software developers in my company are increasingly using open source software. What are the main IP issues we need to consider when using open source software and are there any risks involved?

In-house counsel gathered in Hong Kong last month to share tips on outsourcing, enforcing their rights in Asia and strategies for dealing with the recession

Officials from the USPTO tell Eileen McDermott about PCT operations at the Office

Magdaly Sánchez Aranguren and Patricia Hoet-Limbourg suggest ways to monetise IP assets in the midst of a credit crunch