A commentary by Patrick Mirandah on the Landmark Decision of the Federal Court GS Gill Sdn Bhd v Descente, Ltd. [2010] 5 CLJ 613 INTRODUCTION The Federal Court in GS Gill Sdn Bhd v Descente, Ltd [2010] 5 CLJ 613 has provided a strict guideline for the licensees in relation to trade mark licensing in […]
A Product Formed by a Patented Process may not infringe a Patent in Singapore if the Resulting Product includes Supplemental Processing Steps
A patent provides a patent proprietor with the right to exclude others from utilizing the invention claimed in the patent. When the subject matter of the invention is a process, the patent will prevent others from using the process. Under the infringement provisions in the Singapore Patent Act, Section 66 (1)(b) provides that when a […]
Malaysia - “Electronic Coding Survey” Permissible Evidence?
On 09 February 2010, the High Court of Kuala Lumpur, in delivering the judgment for the case of LAM SOON EDIBLE SDN BHD Vs HUP SENG PERUSAHAAN MAKANAN (M) SDN BHD, provided essential features in respect of claims, which are made, based on filing a cancellation action for non - use particularly for Market Survey […]
Commercial Court In Favour Of Famous Marks In Indonesia
A Review of GRAMOXONE v PRIMAXONE Case Through its recent decision in GRAMOXONE v PRIMAXONE (Case No. 71/Merek/2009/PN.Niaga.Jkt.Pst), the Commercial Court of the District Court of Central Jakarta has once again given due recognition to the protection of well-known trademarks belonging to foreign entity in Indonesia. The Commercial Court finds the use of similar marks […]
Singapore Court of Appeal Affirms Protection of Well Known Marks in Novelty Pte. Ltd. V. Aman Resorts Ltd.
Should a cluster housing project in a relatively affordable, middle class housing estate – Yio Chu Kang be allowed to share the same name as an ultra-exclusive luxury resort in Bali when that name is not a registered trademark in Singapore? In the landmark case of Amanresorts Limited v Novelty Pte Ltd [2008] 2 SLR(R) […]
Passing Off and Trade Dress - Old Town White Coffee Vs. Old Taste Ipoh White Coffee
A Study on the Impact of KPI in Malaysia The recent case of Kopitiam Asia Pasific Sdn. Bhd. v Amazing Spectacular Sdn. Bhd. highlights certain points pertinent to the current intellectual property scene in Malaysia, especially the law relating to passing off. The case merits the possibility of suing in passing off of not only […]
Singapore - Landmark Patent Revocation by IPOS under Section 80 of the Patent Act
Cargill International Trading Pte Ltd v Martek Biosciences Corporation [2009] SGIPOS 12 Introduction On 20 January 2006, Cargill International Trading Pte Ltd (the Applicant) filed an application with the Intellectual Property Office of Singapore (IPOS) to revoke the Singapore Patent No. 42669 entitled "Arachidonic Acid and Methods for the Production and Use thereof" owned by […]
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 […]
India - Enforcing Confidential Information
Confidential information relating to any enterprise may be in the form of any business formula, process, R&D capabilities, client related or operational information, that ought to be protected as a trade secret. Any breach in handling such confidential information violates the IP rights of the concerned party and has been pursued through the courts on […]
India - Copyright Societies Expand Role
Under the Copyrights Act 1957 copyright societies are authorised to grant licences for copyrighted works. No other person except the owner of the work or a copyright society can grant a licence. A copyright society has the task of collective management of the rights of the owners and furthers their interests to prevent infringement of […]