Source codes of open source software are developed and distributed through licences known as the general public licence (GPL). However, the trade marks of the software developers are not distributed along with these source codes. While distributors' brands and trade marks belong to them, the underlying source code belongs to the open source community. Therefore, […]
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Malaysian Patents Act evolves
The Malaysian Patents Act 1983 and Patents Regulations 1986 have recently been subjected to several amendments in view of developments in the nation's patent scene. One of the most important amendments to the Act is the amendment to Section 34 pertaining to public inspection of files relating to patent applications. In line with the practices […]
Malaysia - SAP obtains Interlocutory Injunction in Copyright Case
In the case of SAP (M) Sdn Bhd & Anor v I World HRM Net Sdn Bhd [2006] 2 MLJ 678 an application for an interlocutory injunction was made by SAP, the German software company, and its local exclusive distributor after they had sued the defendants for copyright infringement. The defendants had an individual end […]
Malaysia - Acushnet Obtains Summary Judgment
US golf equipment manufacturer Acushnet, which owns the Titleist trade mark in Malaysia, has managed to obtain summary judgment against a local company in the case Acushnet Company v Metro Golf Manufacturing Sdn Bhd [2006] 7 CLJ 557. The proceedings began in 2004 when, following the discovery of documents incriminating the defendant, the enforcement division […]
Vietnam: Ignorance is not a strategy! - Part II/II
In first part of this article published in February 2007, we explained the importance of protecting patent rights in Vietnam. In the second and last part of this article, we summarize the framework for patent protection and enforcement in Vietnam. Presently, the IP rights in Vietnam are governed by the Law on Intellectual Property 2005 […]
Counterfeit goods in daily Malaysian lives – How Malaysia fights back
Most often the news broadcast on counterfeiting in Malaysia are usually associated with branded goods. This disease has now plagiarized Malaysian soil and as a consequence, its consumers have repeatedly been exposed to the "ill-gotten fruits" of counterfeits in their daily lives as these items are now circulating in the form of essential products used […]
Singapore Courts Enforce Trade Mark Rights in Healthcare Product Case
Although most trade mark disputes are usually settled at the interlocutory injunction stage, one of the few cases where, despite the grant of an interlocutory injunction, the matter proceeded to trial was recently decided by the High Court in Singapore. The case being OTO Bodycare Pte Ltd v Hiew Keat Foong [2005] SGHC133 concerned the […]
Singapore Copyright Update - Fees for Computerised Music
The Recording Industry Performance Singapore (RIPS) has recently decided that nightclubs and restaurant must from now on pay up an annual fee for a licence that will allow them to play music stored in computerised systems. RIPS is the licensing arm of the Record Industry Association of Singapore (Rias) which is a non-profit association representing […]
Malaysia War against Counterfeit Medicine
Introduction A counterfeit medicine as defined by the World Health Organization (WHO) "is one which is deliberately and fraudulently mislabeled with respect to identity and/or source. Counterfeiting can apply to both branded and generic products and counterfeit products may include products with the correct ingredients, wrong ingredients, without active ingredients, with incorrect quantity of active […]
The Cautionary Notice In Myanmar
In Myanmar, there is no Trademark Law. Protection for a trademark can only be obtained by filing an application together with a Power of Attorney and a Declaration of Ownership. The Declaration of Ownership is then registered with the Office of the Registration of Deeds, to which is assigned an application date and number as […]