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 […]
India – How Design And Copyright Interact
The intersection between copyright in a pattern and design rights on the same has come for determination before the courts on many occasions. A recent Delhi High Court judgment has clarified the position, on an appeal filed by Microfibres against the order of the single judge. the single judge held that if the design is […]
Product Liability in Thailand – Generics versus Branded Drugs
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries caused by the use of the products. Generally, there are three major types of product liability claims, namely, (1) manufacturing defect, (2) design defect, and (3) a […]
Encouraging Innovations – The Policy of the Malaysian Government
Coming up with a great idea of invention often leaves researchers and inventors gleaming with joy. Implementation of the idea would mean vast monetary gain for some or recognition and a sense of achievement for others. In any case, having a great idea is one thing – putting it into an application, or rather having […]
Malaysia’s IP Laws To Be Revamped
Due to the recent debates over the rights of IP owners and public discontent, the Intellectual Property Corporation of Malaysia (MyIPO) has reviewed the Intellectual Property Laws of Malaysia and will soon be implementing amendments to resolve matters. The review and amendments will affect the Copyright Act, Trade Marks Act, Patents Act and Industrial Design […]
Striking a Balance – Malaysia looking ahead
Intellectual Property Rights (IPR) enforcement will always be about striking a balance between the rights of the Intellectual Property (IP) proprietor and the general public’s right to freely use and share available resources and innovations and improve on existing technologies and ideas. IP laws in Malaysia have been in conformance with International IP laws as […]
Thai Court Rules Against Department of Intellectual Property
In the recent Thai case of DCON Productions PCL v Department of Intellectual Property (Case No. 48/2008), the Central Intellectual Property and International Trade Court (CIPITC) dealt with a suit by the Plaintiff against the Department of Intellectual Property (who was the Defendant in the case) in respect of the decision made by the Defendant […]
India – Exclusive Fashion Gets Copyright Protection
A recent case at the Delhi High Court has dealt with the overlap between copyright and design protection and its application to the fashion industry in India. The questions addressed by the case were, firstly , whether drawings or sketches are artistic works and, secondly, whether the object or commercial intention be tested while applying […]