In a recent Decision No. 1/2533, the Thailand Board of Patents has considered the subject matter of Patent Application No. 0201003643 entitled “Method for Treatment of Hepatitis C Virus” as a method of treatment and rejected the application despite that the claims were amended to a “Swiss-type” use format. A “Swiss-type claim” or “Swiss-type of […]
Campomar v. Nike: Finale To A Long-Drawn-Out Saga
Nike International Ltd (NIL) and Campomar have been at loggerheads over the use of the mark NIKE in Class 3. The finale of this long saga was the recent decision of the Court of Appeal. Campomar SL v. Nike International Ltd, (2011) SGCA 6 (Feb. 28, 2011). NIL sought to register the mark NIKE in […]
Delhi Sugar Coats Trade Mark Decision
The protection and assertion of IP rights is perhaps as important is its acquisition. While there has been a spurt in the number of trademark registrations, infringement has also been on the rise. A recent decision of the High Court of Delhi in Cadila Healthcare Ltd v. Diat Foods (India) FAO (OS) No. 385/2008 highlights […]
Malaysia – A Risky Defence Backfires
Patent litigation in Malaysia is rare and not popular amongst Malaysian companies, the more so when the dispute involves both patent and passing-off. The case of SKB Shutters Manufacturing v Seng Kong Shutter Industries and Anor, which was decided by the Kuala Lumpur High Court on October 4 2010 is one such exception. The case […]
India – Case Addresses Copyright/Design Overlap
With the increasing realization among stakeholders of the importance of IP rights, we have seen a large number of disputes pertaining to its protection and preservation. It may not be surprising to see disputes involving two or more such rights. An example is the overlap between copyright and designs, which has been rightly dealt with […]
Singapore – The Trek Case
NEW DEVELOPMENTS IN SINGAPORE PATENT LAW Singapore has seen its first major patent case in a while with the judgment in Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Other Suits [2005] SGHC 90. The High Court here considered a patent infringement case and commented on various aspects of patent law […]
Malaysia – IT Companies Battle Over Intellectual Property (Prevention is better than cure!)
A recent contention between two IT companies in Malaysia stresses the importance to intellectual property agreements in business contracts. Such contentions may be avoided by proper accounting of intellectual property (IP), periodic audits and IP due diligence. In this article, we discuss the contention between Netripples and Knowlegebase over IP rights for a software product. […]
Malaysian Courts hold that first use of a trademark an important factor in expungement proceedings
The Malaysian High Court, in Yong Sze Fan & Anor v Sharifah bt Mohd Tamin & 4 Ors [2008] 5 AMR 163 had an opportunity to consider an application for an order that a trademark registered by the Malaysian Trademark Registry be expunged (cancelled) from the Register under the provisions of the Malaysian Trade Marks […]
Malaysia – Important aspect of copyright infringement
In a recent copyright infringement case (April 2010) in Malaysia [Suit No: D5 (IP)-22-1152-2005], the local High Court carefully reviewed certain key facts and legal precedents to meticulously analyse and rule on some important aspects of copyright infringement. One such issue pertained to whether protection under the Copyright Act, afforded to a set of drawings […]
Petty Invention Revoked in Malaysia!
A utility innovation (“UI”) is an exclusive right granted for a minor or petty invention that falls short of the inventive step and novelty bars required for patent protection. Just like a patent, a UI can be revoked and invalidated notwithstanding the Patent Registry’s finding that the UI claim and description adequately met the requirements […]