Expect you have obtained some popcorn and a German law book at the ready because this back-and-forth between Apple and Samsung only gets better and better. The preliminary order forbidding from selling its Galaxy Tab 10.1 in the EU has been partly lifted. Now before you jump to the same conclusions I did, allow me to say that this suspension has nothing to do with the false proof found in the protest of Apple. That is not the reason why the Dusseldorf regional court gave for the lift.
As an alternative, a court spokesperson said that inquiries arose over whether or not a German court has the right to prohibit a company based in South Korea from selling its product throughout the European Union. The injunction suspension is just in effect until the August 25 appeal hearing, during which Samsung will present its argument to reverse the original ruling. Unluckily, things would not change much for German customers; the postponement is still ongoing in Germany. But other places in Europe will be able to hold a GalTab as long as it comes through the Korean parent company, although German unit of Samsung will be banned from selling the gadget all over the EU.
Copyright violation cases should be carried by every individual European nation, whereas there are intellectual property rights and trademarks that could be issued by an agency of the European Union. Those IP rights could after that be enforced across the total property right, Community Design 003781832, which you could discover after the break.
The German court system has a tendency to lean more on the side of the right holder than the alleged infringer; so Apple by now knew it had a pretty good chance of winning the ban. Because its protest was based on an IP authority given by an EU agency, they also knew that the injunction would go beyond Germany to the whole EU. As a matter of fact the company just disqualified the Netherlands since it has an even broader case to present there in the middle of September.