Should a cluster housing project in a relatively affordable, middle class housing estate – Yio Chu Kang be allowed to share the same name as an ultra-exclusive luxury resort in Bali when that name is not a registered trademark in Singapore? In the landmark case of Amanresorts Limited v Novelty Pte Ltd [2008] 2 SLR(R) […]
News
India - Court Rules On Pre-Grant Opposition
Recently the Delhi High court decided on an important question of law concerning the maintainability of a writ petition under Article 226 of the Constitution of India against an order of Controller of Patents either allowing or rejecting a pre-grant opposition under Section 25(1) of the Patents Act 1970. The case is UCB FARCHIM SA […]
Malaysia - The Bitter Battle For Better Chocolate
In the global endeavour to afford protection to GIs, Malaysia has been an active crusader. There are a large number of GIs particular to Malaysia such as Sarawak Pepper, Sabah Tea, Borneo Virgin Coconut Oil and Kelantan Budu (anchovy sauce), to name a few. In 2000, the Malaysian Government enacted the Geographical Indications Act, under […]
Passing Off and Trade Dress - Old Town White Coffee Vs. Old Taste Ipoh White Coffee
A Study on the Impact of KPI in Malaysia The recent case of Kopitiam Asia Pasific Sdn. Bhd. v Amazing Spectacular Sdn. Bhd. highlights certain points pertinent to the current intellectual property scene in Malaysia, especially the law relating to passing off. The case merits the possibility of suing in passing off of not only […]
Singapore - Landmark Patent Revocation by IPOS under Section 80 of the Patent Act
Cargill International Trading Pte Ltd v Martek Biosciences Corporation [2009] SGIPOS 12 Introduction On 20 January 2006, Cargill International Trading Pte Ltd (the Applicant) filed an application with the Intellectual Property Office of Singapore (IPOS) to revoke the Singapore Patent No. 42669 entitled "Arachidonic Acid and Methods for the Production and Use thereof" owned by […]
India - Copyright And Designs Act Harmonized
In India, original artistic works may sometimes fall under the Designs Act and the Copyrights Act. This overlap has been much debated and has come up for adjudication several times before the courts. In a recent case, the Copyright Board made some pertinent observations, especially with respect to artistic works produced by the application of […]
Malaysia - Changes To Industrial Design Law Proposed
The Industrial Designs Law in Malaysia, which is governed by the Industrial Designs Act 1997 and the Industrial Designs Regulations 1999, is likely to be substantially changed in 2010 or 2011. There was no recorded amendment to the legislation in 2009. However this year, the Intellectual Property Corporation of Malaysia (MyIPO) has initiated the review […]
Philippines - Clarification On Power Of Attorney
Intellectual Property Rights holders can execute a General Power of Attorney (POA) authorizing its agent in the Philippines to represent them in applications and/or registrations before IP Philippines. One signed POA will be sufficient to cover present and future filings to be made in the name of the same applicant. However, a separate Power of […]
Thailand - The Case for Similar Marks - Trademark Examination Procedure
Thailand has always been a difficult jurisdiction for trademark protection. A key reason has been the unique practice of determining conflicting marks not only on the basis of phonetic and visual similarities, but on account of their transliteration in the Thai language as well. For example, KIRIN and KIRAINE. Moreover, even though the Nice Classification […]
The Return of Mühlbauer AG v Manufacturing Integration Technology Ltd – Role of Experts
It may be appreciated that our company last previously wrote on this Singapore High Court action in the early part of last year whereby the Court ruled in favour of the defendant that the plaintiff held an invalid patent in SG 117982 "Device for Inspecting and Rotating Electronic Components". In our previous article, it was […]