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A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam

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 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.

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.

Singapore and China strengthened IP cooperation with the signing of a memorandum of understanding (MoU) on October 27 2014 between the Intellectual Property Office of Singapore (IPOS) and the State Intellectual Property Office of China (SIPO) to jointly develop the Sino-Singapore Guangzhou Knowledge City.

According to Austrian law, reasons for trade mark invalidity, such as bad faith, can be raised as defences in an infringement action. Such defences have to be decided as preliminary questions.

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'.

On December 10 2014, the Intellectual Property Office of the Philippines (IPOPHL), in cooperation with the National Commission on Indigenous People (NCIP), posted a notice on its website asking for comments on the proposed Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of the Indigenous Cultural Communities, the objective of which is to prevent the misappropriation of the traditional knowledge of indigenous peoples and encourage tradition-based creations and innovations. The salient points of the proposed rules are:

Aaron Tantleff outlines how big data licensing differs from traditional data licensing, and gives an overview of the IP issues involved

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