Regulations on Industrial Design Several International Agreements regulate the protection of Industrial Design, among others: The Paris Convention (ratified by the Indonesian Government through Presidential Decree No. 15 Year 1997), The TRIPs Agreement (ratified by the Indonesian Government through Law No. 7 Year 1994), The Hague Agreement (Indonesia became a member of this Agreement in […]
News
Asia taking the lead in International Patent Filings
28 April 2008 - MIP WEEK Asian economies are setting a considerable pace in their leading growth in terms of international patent filings. Internationally there is still a healthy growth in the patent system, with an exceptionally strong presence from some of the Asian countries. A 4.5% growth in applications filed using the Patent Cooperation […]
The Effects of the New PCT Rules on Patenting in South East Asia and India
On 1 April 2007, significant rule changes came into force within the Patent Cooperation Treaty (PCT). These new changes brought the PCT more in line with the Patent Law Treaty (PLT) and provided applicants filing under the PCT with significant new protections and tools. In this article, we will examine two of the new provisions […]
Singapore Copyright - One man’s rubbish is another man’s treasure
The facts of the recent Singapore Court of Appeal case of Obegi Melissa and Others v Vestwin Trading Pte Ltd [2008] SGCA 4 were as follows. The defendants were judgment creditors of the plaintiffs. The defendants filed affidavits exhibiting documents (which the plaintiff claimed were confidential) to enforce a New York judgment against PT Indah […]
Vietnam: The benefits of three-dimensional Marks
November 2005 was a significant time in Vietnam as this marked the significant step towards bringing Vietnam's IP system in line with the WTO regulations, since this was the issuance year of Vietnam's IP Law. This also meant that for the first time, the protection of three-dimensional trademarks was officially stipulated. 3D marks are considered […]
India Patent Filing
India patent filing requirements request that a patentable invention: must not be obvious must be novel must not previously have been published in any country must be a new and useful substance produced by manufacture e.g: art process method of manufacture machine apparatus or other article Inventions not patentable in India are those: that are […]
India Patent law – Interpretation of section 3(d)
A high profile patent infringement case is pending before the Delhi High Court. The suit has gained much media attention because it could formulate new rules for the subject matter inquiry under the amended Section 3(d) of the Patents Act, 1970 (IPA). The battle between Roche, a Swiss pharmaceutical giant and one of India's biggest […]
Malaysia Trademarks – What constitutes ‘Actual Use?’
In the Malaysian case of Godrej Sara Lee Ltd v Siah Teong Teck & Anor (Part 2) [2007] 7 MLJ 164, the High Court dealt with the issue of non-use of a trademark and its removal from the Register. The Applicant in this case who was a manufacturer of consumer goods sought to apply for […]
“Person Aggrieved”: A stricter test in Malaysia
The Court of Appeal in Malaysia has had occasion to recently consider the issue of what constitutes a person aggrieved in the context of the expungement of a trade mark from the Register. This is of importance as section 45 of the Trade Marks Act ("the Act") provides that an application to rectify the Register […]
Trademarks in Malaysia – The position of Well-known marks
As a result of being a member of the Paris Convention and the TRIPs Agreement, Malaysia amended its Trade Mark Act 1976 to incorporate its international obligations to protect well-known marks in 2001.The following protection was extended for well-known marks in Malaysia under the Trade Marks Act 1976: - In respect of same goods or […]