Louis Vuitton Counterfeit Case in Singapore Clarifies Definitions of ‘Import’ and ‘Export’ for Trade Mark Infringement Purposes

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 […]

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 […]

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 […]

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 […]

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 […]