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In commercial lawsuits in general, and IP lawsuits in particular, the ability of rights holders to access one or more forms of injunctive relief is of utmost importance. The availability and effectiveness of preliminary injunctions can show to some extent the maturity and effectiveness of the enforcement system. For such reasons, a correct understanding of the applicability of preliminary injunctions in Vietnam is of practical use.

In Co-Operative Bank Limited v Anderson [2014] NZHC 2686, the Co-operative Bank Limited (TCB) unsuccessfully sought an interim injunction to prevent a credit union (NZACU) from using certain names that included the words 'co-op'.

In past contributions, we have reported on the controversy over patent rights and plant breeding rights in The Netherlands. There has been increasing discussion about patents on plant breeding traits in recent years. Proponents of such patents claim that they foster innovation, knowledge-sharing and continued investments in research and development. Opponents argue that such patents are unnecessary because of the IP protection offered by plant breeders' rights, and that patents impede the work of breeders because they can no longer gain access to biological materials, or can do so only after a delay or at a high cost.

The Patent Law Modernisation Act (Patentrechtsmodernisierungsgesetz) introduced a legal basis for rejecting late-filed submissions during German nullity proceedings by the revised Section 83 paragraph 4 (§ 83 Abs 4) of the German Patent Act (Patentgesetz). A late-filed submission may be rejected if its consideration results in the adjournment of an already scheduled oral hearing. However, the party filing the late submission may overcome an impending rejection if an adequate reasoning can be provided for the lateness of the submission.

In Japan, the law provides several means to challenge the validity of patents, such as a trial for patent invalidation, an invalidity defence in an infringement litigation and an offer of information. The Patent Act 2014 amendment introduced a new option: the post-grant opposition system.

A decision by the Swiss Federal Patent Court has held that a request for a preliminary injunction against a device for producing milk foam was not delayed, despite the fact that the plaintiff knew, for a length of time that normally would forfeit the right to an injunction, about the infringing machines of the defendant since the European patent of the plaintiff was under opposition.

Trade mark registrations used to be granted based on a request by the applicant to obtain protection for certain products or services that were initially classified according to a national classification. Eventually Mexico adhered to the Nice Agreement whereby the international classification system was adopted.

Final injunctions for successful parties in patent cases in Europe have generally been seen as automatic. But, as Stephen Bennett, Stanislas Roux-Vaillard and Christian Mammen explain, attitudes are evolving

2014 was a mixed year for design decisions from the Court of Justice and General Court in Luxembourg. David Stone explains how, while the Court of Justice may have scored highly with two decisions, the General Court has some way to go in its interpretation of the EU-wide legislation

Michael Carter, Nick Smee, Luke Kempton and Nick Cunningham analyse the implications of the Unitary Patent proposals for non-contentious matters, and recommend steps that patent owners and licensees should take now