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Samsung was barred from distributing three models of its Galaxy smartphone after rival Apple won a preliminary injunction in The Netherlands. In a decision from late August, Judge Brinkman of the Hague District Court granted the injunction after provisionally finding that Samsung infringed Apple's European patent for a portable electronic device for photo management. The decision is effective from the middle of this month. It applies to Samsung's Galaxy S, S II and Ace smartphones on penalty of a payment of €100,000 a day or €10 for each infringing product. The judge found that other rights asserted by Apple, including patents and designs, were not infringed. He also declined to issue an injunction against Samsung's Galaxy tablet computer. The extent to which the injunction will prevent Samsung distributing its products in other European countries is unclear at this stage. The patent at issue is valid in a number of other European countries. Samsung may also be able to reengineer its phones and design around the Apple patent. The decision proved that cross-border injunctions in preliminary proceedings are alive and well in the Netherlands.

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

Musicians and record companies are celebrating after EU member states voted to extend the length of time during which performers and producers can claim royalties.

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).

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.

On September 5 2011, the Court of Appeals dismissed the copyright infringement case filed by television network giant ABS-CBN Corporation against ABC Development Corporation (ABC 5) involving the popular TV show Willing-Willie hosted by its former talent, Willie Revillame. ABS-CBN alleged that Willing-Willie is confusingly similar to its programme Wowowee which was then hosted by Revillame.

In a recent case, the Supreme Administrative Court dismissed the cassation complaint filed by Kraft Foods Polska and decided that the trade marks Prince Polo and Marco Polo are dissimilar. The owner of the earlier trade mark Prince Polo claimed that there is a likelihood of confusion as the marks contain an identical element Polo and the goods are identical. They also referred to the fact that the Prince Polo trade mark enjoys reputation in Poland submitting proper evidence.

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.

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.

If you think that you see a dog in the picture you are wrong. This is a patent. Plant varieties and animal breeds are on the periphery of intellectual property. Patents are most immediately associated with inventions, designs and utility models. Indeed, trade marks and patents are registered in thousands and laws and regulations are mainly focused on those areas.