In Vietnam, the regulatory system to protect intellectual property rights was first put in place in 2005 through the Law on Intellectual Property. However, over the years, inherent deficiencies and administrative loopholes have severely undermined the efficacy of the system and made it difficult for the owners of IP rights and the authorities alike to […]
News
Philippines: New Trademark Rules Welcomed
In April, the Intellectual Property Office of the Philippines (IPOPHL) issued a series of office orders amending various trademark rules involving the Declaration of Actual Use (DAU) and (Paris) Convention priority applications. Declaration of Actual Use The requirement to file a third-year and a fifth-year DAU will also apply to international registrations designating the Philippines. […]
Singapore Effective Criminal Enforcement of IP Rights
A trademark owner’s fight against the unauthorized use of its trademark does not end with registration of the mark. Registration only provides valid rights in a mark. However, the real challenge lies in being able to protect its mark against counterfeiters despite registration. While in most Asian jurisdictions, the trademark law generally provides both civil […]
ASEAN Members Benefit from PPH Membership
As patent filings worldwide increase, there is a need to provide an alternative route to expedite the examination of these applications. The Patent Prosecution Highway is becoming an increasingly popular way to fast-track patent examination among countries in the region, including Singapore and the Philippines. Gladys Mirandah and Jay-R Estavillo report from Singapore. The Patent […]
Criminal Enforcement of Trademark Rights in Singapore and Malaysia
At a time when legal costs are escalating, criminal enforcement measures in Singapore and Malaysia are remarkably easy and affordable. Gladys Mirandah and Prithipal Singh report from Singapore. A trademark owner’s fight against the unauthorized use of its trademark does not end with registration of the trademark. Registration only confers upon the trademark owner the […]
Enforcement Powers Granted to Director General of Intellectual Property Office of the Philippines
President Benigno “Noynoy” Aquino, Jr recently signed into law amendments to Republic Act No. 8293, the Intellectual Property Code of the Philippines (IP Code). The amendments are embodied in Republic Act No. 10372, which will take effect on March 22, 2013. The recent changes to the IP Code were crafted to step up the government’s […]
ASEAN and India - National Security Restrictions And Requirements Prior To Patent Filings By MNC Applicants
In this day and age, more and more multi-national companies are expanding their businesses and research and development operations overseas, hoping to take advantage of the accessibility of diverse ideas and the globalization of human capital by setting up research facilities and conducting R&D in multiple countries. Management of innovations and intellectual property derived from […]
Vietnam Franchising: Anticipate the Steps to Opening Up for Business
With a cold, hard and long recession in the west it is no wonder that franchisors are excited about new and emerging markets in ASEAN countries. Vietnam in particular has an attractive consumer pool with a population of 86 million, half of which are below 25 years of age. Although in some countries (such as […]
Malaysia - A Battle Between Two Process Patents
The High Court of Malaya dismissed both the plaintiffs’ claim and defendants’ counterclaim with costs in an action filed by Sanofi-Aventis against Fresenius Kabi for alleged infringement of a patent for an anti-cancer drug. In Sanofi-Aventis (Malaysia) Sdn Bhd & Anor v. Fresenius Kabi (Malaysia) Sdn Bhd & Anor, the High Court of Malaya has […]
ASEAN : Changing Its IP Landscape for Growth
The Intellectual Property Rights Experts Group of the Asia-Pacific Economic Cooperation (APEC) recognizes that intellectual property rights protection and enforcement is a key factor for promoting foreign trade and investment, as well as boosting economic development. Enjoying a growth rate of 4.5%, the Asia-Pacific region has been identified as the fastest-growing region in the world […]