An interlocutory injunction is a relief available to a plaintiff to restrain a defendant from continuing to infringe the plaintiff's rights pending the trial of the matter. As the rights of the parties have not been resolved at trial, the courts would have to be careful in exercising its discretion in granting an injunction especially […]
Malaysia - Dogs Tackle IP Crimes
Once perceived as a "haven" for piracy activities, Malaysia has responded to such a portrayal with a positive salvo to eliminating this negative outlook. With a view to attracting and safeguarding local and foreign investments in the country, the authorities have been resorting to various measures to eradicate this menace. It is therefore not surprising […]
Indonesia - The Design Copyright Case
The legal framework for the protection of industrial designs in Indonesia is based on Law No. 31/2000 (Law on Industrial Designs) that became effective on 14 June 2001. Based on the law, any third party may file for the cancellation of registration of an industrial design to the Commercial Court on the grounds that the […]
The Honda case – Injunctive Relief in Industrial Design and Three Dimensional Copyright in Malaysia
The High Court in Malaysia has delivered an important decision on the various issues pertaining to copyright and industrial design with special reference to an application for an interlocutory injunction. In Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30, the famous Japanese marque for bikes […]
Singapore Copyright Charges awaits 2 Ringtone Retailers
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 […]
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 […]
Criminal Charges for Copyright Infringement in Singapore
The criminalization of copyright infringement in Singapore has claimed its first victim in an interior design firm. The company PDM International was charged with using 51 pieces of illegal Microsoft, Adobe and Autodesk software worth an estimated S$ 50,000. The amendments to the Copyright Act in January 2005 made copyright infringement for a commercial advantage […]
Singapore Gets Serious With Online Music Piracy, even for non-profit
In a new development the Courts in Singapore have for the first time imposed a custodial sentence on individuals for distributing music online in breach of the Copyright Act. Under the Singapore Copyright Act there is a separate section dealing with non-profit making offences, which carry a maximum sentence of up to five years imprisonment […]
Singapore Intellectual Property Laws - a Maturing Jurisprudential Landscape
PATENT Patent holder prevails in patent infringement suit: Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others [1] On 16 April 2002, Trek was granted a Singapore patent for a portable USB enabled computer data storage device. Trek's product is sold under Trek's registered trademark "ThumbDrive". Trek's patent has also been […]