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Google has learnt the hard way that volume matters with smartphone patents. The more you have, the more you can bet – and the longer you can stay in the game. Its aggressive moves to build its stake threaten to distort the patent market and affect more than just smartphones. By Karen Bolipata

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam – who received the world’s first recorded patent in 1449 diary@managingip.com

Obtaining a US trade mark registration for a mark does not, by itself, confer rights in perpetuity. Rather, there are certain requirements that a trade mark owner must adhere to in order to preserve rights in and to a registered mark. The most simple of those requirements is (with certain exceptions) the obligation to continue to use the mark in commerce in connection with the goods or services identified in the registration.

The Thailand Cosmetic Act protects consumers of cosmetics and categorises cosmetics into specially controlled designations. According to the Cosmetic Act of 1992, the focus of the regulation has been changed from pre-marketing activities to post-marketing activities, originating from the perception that utilisation of technical requirements and practice of good manufacturing guidelines ensures the quality of cosmetic products. Manufacturers or importers of specifically controlled cosmetic products must notify the Thai Food and Drug Administration (FDA) of all required information according to the law. The FDA is responsible for providing suggestions or recommendations to the Minister of Public Health on matters pertaining to cosmetics, providing advice or opinions on registration and revocation of registration of specially controlled cosmetics as well as all other issues concerning cosmetic regulations.

According to Article 67.1.1 of the Patent Law, the Intellectual Property Office may, at the request of any person or ex officio, cancel a patent granted to an invention found to be in violation of the relevant provisions of the Patent Law. Furthermore, according to Article 31.1 of the same law, where two or more applications are filed for the same invention, only the person who first filed the application shall be granted a patent.

The Swiss Federal Administrative Court has, upon appeal, held the mark Gap registrable as a trade mark for goods in class 28 (essentially toys and pet toys).

A new Designs Act came into force in Norway on July 1 2010, expanding protection to moving designs. So far only a few moving designs have been registered, and the practice in the Norwegian Industrial Property Office as regards such designs is still under development.

The Rugby World Cup 2011 plays out in New Zealand in September and October of this year. It is the third largest sporting event in the world, behind the Olympic Games and the Football World Cup. It is also the biggest test yet of New Zealand's umbrella ambush marketing legislation, the Major Events Management Act 2007. The Act prohibits unauthorised associations between major events and brands, and provides for clean zones and clean transport routes for specific periods around matches.

During the past two years, the Mexican Patent and Trademark Office (IMPI) has established a new criterion on its practice for filling divisional applications due to a unity of invention requirement during substantive examination.

The National Pharmaceutical Control Bureau (NPCB) in Malaysia ensures the quality, efficacy and safety of pharmaceuticals through the evaluation of technical data and laboratory test conducted during clinical trial. Upon fulfilment of all safety regulations, approval is given for marketing.