Introduced in Parliament on 21 July 2008, the Patents (Amendment) Bill mainly sought to implement certain measures under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) as amended by the protocol thereto concluded in Geneva on 6 December 2005 (the Protocol), and to give effect to the decision adopted by the General […]
Malaysia - Functional or utilitarian characteristics of an article of manufacture are not protectable under passing off law
Alfa Laval ( M) Sdn Bhd v Ng Ah Hai & Ors [2008] 5 MLJ 344 The Plaintiff, Alfa Laval (M) Sdn Bhd, a manufacturer and supplier of plate heat exchangers and plate under the brand 'Alfa Laval' applied for an injunction to inter alia restrain the Defendants from passing off imitation plate heat exchangers […]
Malaysian Patent - Interim Injunction Granted in Malaysia Based on American Cyanamid principles
In the case of Aventis Farma SA (m) Sdn Bhd v Rohibul Sabri bin Abbas @ Megat & Anor [2008] 3 MLJ 451, This case is based on the selling generic version of docetaxel trihydrate (hereinafter referred to as "DT") According to the Plaintiffs, the Defendants had infringed their Malaysian Granted Patent MY-118481-A (herein after […]
Indonesia Works To Improve Its Trademarks Regulations System
With the introduction of new regulations for the protection of different elements of Intellectual property, such as Patent, Trade Mark, Industrial Design, Copy Rights and Plant Variety Protection, Indonesia has established a wide-ranging system for the protection of IP over the past few years. But in spite of these efforts, there are some loopholes to […]
Malaysia - The Sale Of Goods Bearing A Trademark Over The Internet Is Recognized As Use Of The Trademark In Malaysia
In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co. & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trademark over the Internet or via a website is recognized as use of the trademark. In the […]
The Test For Interlocutory Injunction In Trademark Infringement and Passing Off Tightens in Malaysia
In the recent Malaysian decision of Sanbos (M) Sdn Bhd v Tiong Mak Liquor Trading (M) Sdn Bhd [2008] 3 MLJ 100, the High Court dealt with the test of what would be sufficient to grant an interlocutory injunction in trademark and passing off matter. The Plaintiff was the registered proprietor of the trademarks "CLUB […]
Malaysia High Court Invalidates Recent Patent In Favour Of Original Patentee
In IEV International Pty Ltd v Sadacharamani a/l Govindasamy [2008] 2 MLJ 754, the High Court of Malaysia considered the issue of novelty in relation to improvements made to an existing patent right and whether to allow a patent invalidation action brought by the original patentee. BACKGROUND FACTS The Plaintiff in this case, IEV International […]
Indonesia Patent Regulations And How It Affects The Protection Of Biotechnology
Indonesia recognizes the importance of the development of biotechnology for the sake of economic growth in terms of present and future investment. In so doing, Indonesia has facilitated the protection of biotechnology through its IP Laws, particularly its Patent Regulations, among these – Law No. 14 Year 2001 (Law No. 14) and Law No. 29 […]
Singapore Patent Infringement - The purposive approach as defined in Kirin-Amgen upheld
Since the signing of the Free Trade Agreement (U.S. – Singapore Free Trade Agreement) in May 2003 between Singapore and the United States, exports from the United States to Singapore have "exploded", and trading between both countries has increased substantially in the years succeeding the signing. Due to the specific nature of intellectual property rights […]
Protection Of Industrial Design In Indonesia
Regulations on Industrial Design Several International Agreements regulate the protection of Industrial Design, among others: The Paris Convention (ratified by the Indonesian Government through Presidential Decree No. 15 Year 1997), The TRIPs Agreement (ratified by the Indonesian Government through Law No. 7 Year 1994), The Hague Agreement (Indonesia became a member of this Agreement in […]