Based on charges of copyright infringement, 2 local music companies, Mojeu and Interactive Voice Systems, in the business of ringtone and MP3 retailing have been slammed to court for the first time. In an effort to curb Compass' (Composers and Authors Society of Singapore) so-called "rampant violation of the music industry's intellectual property rights", it […]
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Singapore courts reject "Mc" "Mac" monopoly by McDonalds
A U.S. based fast food giant, McDonald's Corp has failed in a series of legal battles to stop a Singaporean company, Future Enterprises Pte Ltd ("FE") from using the marks "Mc" and "Mac" in their products. The Singapore Court of Appeal in the case of McDonald's Corp v Future Enterprises Pte Ltd [2005] 1 SLR […]
Enforcement of Patent Rights in South and South East Asia: Comparative Case Law
In South and Southeast Asia there is a growing awareness of patent rights and parties are now more willing to litigate to protect their patents in this huge and growing market. In Southeast Asia there is a lack of homegrown jurisprudence particularly as the various countries share various colonial legacies in terms of their legal […]
Protecting Intellectual Property in Malaysia - Law or Enforcement
It was recently commented by the Penang Local Government, Traffic Management and Environment Committee chairman, Chow Kon Yeow that 'Although intellectual property laws in Malaysia are in place and confirmed with international standard for intellectual property protection needs, enforcement initiative by relevant government agencies is required to effectively protect both foreign and local investors' intellectual […]
Protection Of Engineering Designs In Malaysia By Way Of Copyright and Passing-Off
The protection of engineering designs by way of copyright and passing-off in Malaysia was dealt with by the High Court in Malaysia in the case of Hexagon Tower Sdn Bhd v Polydynamic Holdings Sdn Bhd & 3 Ors [2005] 4 AMR 384. In this case the plaintiff company was in the business of manufacturing and […]
The Protection Of Kanji Characters In Malaysia – The Yomeishu Saga
Background The proprietors of Kanji character trade marks in Malaysia can take comfort from a decision of the Malaysian Court of Appeal which upheld the decision of the High Court where it was held that the wide usage of the phonetic sound of the combination of the Kanji characters in question among the local Chinese […]
Domain Name Registrations in Malaysia: Coherent With Or Dismisses Intellectual Property Rights?
In Malaysia, the Internet commenced with the inception of the first internet service provider that in turn gave rise to the inception of the Malaysian Domain Name Registrar being the Malaysian Network Information Centre (MYNIC). This entity was entrusted with the primary purpose of regulation and subscription of domain names unique to Malaysia or better […]
Interlocutory Injunctions in Trade Mark Cases - Is the American Cynamid test still applicable in Malaysia
It is well established in law that an interlocutory injunction is ancillary to a cause of action and therefore it is only a party who has a cause of action who can apply for an interlocutory injunction (Siskina v Distos Compania Naviera SA [1979] AC 210). The primary objective of an interlocutory injunction is to […]
IP Standards in Malaysia Set To Gain Strength
On the 4th March 2005, The Ministry of Domestic Trade and Consumer Affairs announced the proposal known as the Intellectual Property Rights (IPR) Strategic Modernisation Plan, which was developed with close co-operation between Malaysia and the European Union (EU). Covering every aspect of IPR including the marketing and legal framework, the blueprint aims to improve […]
Malaysia Acceded to the Patent Cooperation Treaty (PCT)
With a backdrop of 1.2 million international patent applications covering various technologies have been filed since the Patent Cooperation Treaty (PCT) began operating in 1978, Malaysia has finally acceded to become the 131st State to be a member o the PCT. It deposited its instrument of accession to the PCT on 16th May 2006. PCT […]