In the eyes of the law, a company is a separate legal entity distinct from its members and directors. The acts of a company, including any wrongful acts are attributable to, and liability therefore rests with, the company as a separate entity and not with its members or directors. This principle from the Salomon case […]
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Regulatory Guidelines on Importation of Medicinal Products into Singapore
All medicinal products imported or sold in Singapore are required to be licensed by the Health Products Regulation Group of the Singapore Health Sciences Authority (HSA). Under the Medicines Act, a medicinal product is defined as “any substance which is to be used for administration to human beings and animals for the diagnosis, prevention or […]
Thailand - Rights Of An Unregistered Trade Mark Owner
Thailand follows the first-to-file rule. To obtain protection of a mark in Thailand, a registration must be obtained from the Department of Intellectual Property (DIP) initiated by filing an application with the Trademark Office. Nevertheless, the “owner” of an unregistered mark or senior user is not without recourse. It cannot sue before the Thai courts […]
Philippines - Joins Patent Prosecution Highway
On 9 February 2012, the Intellectual Property Office of the Philippines (IPOPHL) signed its first-ever Patent Prosecution Highway (PPH) Agreement with Japan Patent Office (JPO) Commissioner Yoshiyuki Iwai. The landmark PPH Agreement between IPOPHL and JPO and will commence on March 12, 2012. It was reported that IPOPHL is the latest IP office to join […]
Thailand - Court Cases Cast Doubt On Well-Known Status
Despite guidelines from the Thai Courts on determining the identicalness and confusing similarity between trade marks seeking registration and prior marks: one statutory provision remains unclear. The Thai Trademarks Act’s prohibition of marks identical or confusingly similar to well-known marks, Section 8, read with Section 8 (10) provides that: “A mark registered or not, which […]
New Rules In The Philippines
The Supreme Court of the Philippines announced new Rules of Procedure for IP rights cases on October 18 2011. The Rules took effect on 8 November 2011 and govern new and pending civil and criminal actions for IPR violations lodged before the Special Commercial Courts designated by the Supreme Court. The Rules aim to eliminate […]
Patent Linkage in ASEAN countries Compared to the US
Patent linkage refers to the system or process by which a country links drug marketing approval to the status of the patent(s) corresponding to the originator’s product. This article provides a snapshot of the patent linkage position in the US vis-à-vis Asia and the Pacific. United States. The Food and Drug Administration (FDA) maintains a […]
ASEAN - Twenty-five Children for Twenty-five Years in IP
Patrick Mirandah Co has celebrated its 25th year in a unique fashion: by sponsoring 25 children across Asia. Gladys Mirandah and other staff members, including Denise Mirandah, Ian Mirandah and Jennifer Fajelagutan, visited adopted children in the Philippines and Indonesia during the firm’s 25th anniversary year. The firm plans to visit Thailand and India in […]
Malaysia - Status Of Divisional Applications Clarified
For many years, the courts have raised objections to the non-unity of the patent applications and divisional applications. This matter and the provisions of Section 26B of the Patents Act 1983 in Malaysia were addressed in the above case. The case of B Braun Melsungen AG & Anor v. Terumo Kabushiki Kaisha & Anor centered […]
Malaysia - Court Of Appeal Addresses Passing Off
Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006]. One of the questions addressed and is in practice a common query: Does the infringing use […]