“Why cancel our trademark when we filed a petition to cancel somebody else’s trademark?” This must have been the reaction of Shen Dar Electricity and Machinery, Inc. (Shen Dar) when it was handed the 21 October 2010 Philippines Supreme Court (SC) Philippines decision. Shen Dar had filed the appeal with the SC seeking to nullify […]
News
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 […]
Damages
On April 7 2010, the Court of Appeal of Kuala Lumpur, in delivering its judgment in Taiping Poly (M) Sdn Bhd v Wong Fook Toh & ORS CA (2010 6CLJ 51), drew a distinction between the net loss of profits and the loss of sales, as a result of an infringement and passing off of […]
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 […]
Patent Libraries - A Joint Project of IP Philippines With Universities in Manila and Cebu
One of the projects the Intellectual Property Office of the Philippines (IP Philippines) commenced this year, is the establishment of Patent Libraries also known as Innovation & Technology Support Offices (ITSO). This project is in collaboration with the World Intellectual Property Office (WIPO) and US Patent and Trademark Office (USPTO). The aims of the project […]
Testing The Tensile Strength Of Copyright Law In Singapore
INTRODUCTION To state that technology has advanced rapidly in recent years, would be a gross understatement. Such has been the rate of technological development that even Moore’s Law seems to be outdated! However, on a more serious note, it has been a perpetual cat and mouse game between technology and the law. Fortunately or unfortunately, […]
IP Market for Pharmaceutical Products in Asia
This article looks to address 4 issues in relations to the IP market for pharmaceutical products in 4 Asean countries. 4 issues which will be address are: Whether the government purchases medicinal products and sets their prices such that a higher price will be set for a patented product; Working requirements of the territory; Enforcement […]
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 […]
Malaysia - Foreign Trade Mark Owner Vindicated
Recently, the Malaysian High Court adjudicated on the issue of ownership of a mark in cases where an entity (such as a local distributor or dealer), in a commercial relationship with the trade mark owner, attempts to register the mark in its own name. The case was especially significant for foreign companies that are on […]
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 […]