In the recent Singapore High Court case of Louis Vuitton Malletier v Megastar Shipping Pte Ltd [2017] SGHC 305, the Court held that a freight forwarder who was unwittingly sent counterfeit goods into Singapore for transshipment was not liable for trademark infringement. The case concerned two shipments from China bound for Indonesia via Singapore. The […]
New Indonesian Customs Regulation for Protection of IP Rights
The Indonesian Government has recently implemented legislation to assist IP owners to enforce their copyrights and trademarks. The Regulation (No. 20 of 2017) came into force on August 2, 2017. The new Regulation provides that IP owners with rights registered in Indonesia may apply for customs recordal to the Directorate General of Customs and Excise […]
Enforcement Powers in Philippines
Pursuant to the recent amendments of the Philippines Intellectual Property Code (Republic Act No. 8293), the Intellectual Property Office of the Philippines (“IPOPHL”) issued Office Order No. 13-170 which provides the rules and regulations for the exercise of its enforcement functions and visitorial powers. An Intellectual Property Rights Enforcement Office (“IPREC”) was established to receive […]
IP Protection in Vietnam: Government Tightens Enforcement Against Counterfeiting
In Vietnam, the regulatory system to protect intellectual property rights was first put in place in 2005 through the Law on Intellectual Property. However, over the years, inherent deficiencies and administrative loopholes have severely undermined the efficacy of the system and made it difficult for the owners of IP rights and the authorities alike to […]
Singapore Effective Criminal Enforcement of IP Rights
A trademark owner’s fight against the unauthorized use of its trademark does not end with registration of the mark. Registration only provides valid rights in a mark. However, the real challenge lies in being able to protect its mark against counterfeiters despite registration. While in most Asian jurisdictions, the trademark law generally provides both civil […]
Enforcement Powers Granted to Director General of Intellectual Property Office of the Philippines
President Benigno “Noynoy” Aquino, Jr recently signed into law amendments to Republic Act No. 8293, the Intellectual Property Code of the Philippines (IP Code). The amendments are embodied in Republic Act No. 10372, which will take effect on March 22, 2013. The recent changes to the IP Code were crafted to step up the government’s […]
Indonesia Supreme Court Issues New Rules On Search Warrant And Preliminary Injunction (Provisional Decision)
The Supreme Court of Indonesia has issued Regulation No. 5 of 2012 laying down the requirements and procedure for obtaining a Provisional Decision on Intellectual Property Rights Violations. A Provisional Decision in Indonesia has a similar effect as a Search Warrant and Preliminary Injunction against alleged infringers. The new rules took effect on 30 July […]
Malaysia – Precedent Set On Trade Descriptions
To tighten trade mark enforcement, Malaysia passed the Trade Descriptions Act (TDA) in 2011. The purpose of this Act is to prohibit false trade descriptions and false or misleading statements, conduct and practices in goods and services, thereby protecting the interests of the consumers. In a recent case (DJ Auto Components Manufacturing v FBK Systems), […]
Malaysia – Basket Of Brands Expedited Enforcement
As part of the Malaysian Government’s efforts in beefing up domestic IP Enforcement, the Ministry of Domestic Trade, Cooperative and Consumerism (MDTCC) recently set up a separate database for Trade Mark owners to register themselves with the MTDCC in order to gain priority in the initiation of Enforcement Actions and prosecution of Trade Mark Infringement […]
Vietnam Government Tightens Enforcement through September 2010 Decree
In September 2010, the Vietnamese Government issued a Decree (No: 97/2010/ND-CP) to cut down on red tape and make it easier to initiate action against infringements. The Decree specifies acts of administrative violation, sanctioning forms and levels, remedies, complaint procedures, mechanism for handling complaints, competence of authorized personnel and guidelines for enforcement of procedures. The […]