The High Court of Kuala Lumpur has, in a recent decision of its own, considered whether it has the powers to rectify the Trade Mark Register in an action to expunge a trade mark by unlawful proprietors. In the case of Regent Pumps Pty Ltd Nor v Keylargo Industrial Sdn Bhd (2009) 2 CLJ 303, […]
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 […]
Malaysia - High Court Overrules Registrar’s Rejection
On April 1 2009, the High Court of Kuala Lumpur, in delivering the judgment in the case of Illinois Tool Works, Inc v Pendaftar Cap Dagangan, Malaysia [2009] 1 LNS 507 (Illinois), provided proper guidelines for the Registrar in issuing acceptance or objections when examining a trade mark. Illinois is a Fortune 500 company, founded […]
Malaysia - Registrar’s Discretion in a Trademark Application: Judicial Principles should Prevail over Arbitrariness
Illinois Tool Works, Inc v Pendaftar Cap Dagangan The Registrar of Trade Marks has a general discretion to refuse to register a trade mark which satisfied all the positive conditions laid down by the Trade Marks Act. However, that discretion must be exercised judicially on reasonable grounds which are capable of being clearly stated, and […]
Singapore - SingTel Strikes First Blow In “Mio” Trade Mark Suit
In a recent judgment, the Singapore High Court upheld the validity of Singapore Telecommunications Ltd's (SingTel) trade marks and accordingly acquitted SingTel of trade mark infringement against Mitac International Corporation's (Mitac) registered trade marks. Background Mitac is a company incorporated in Taiwan and is in the business of providing computed products, internet appliances, wireless communication […]
India - Government Use Of Patents Debated
A patent confers exclusivity upon the patentee to exploit an invention and to produce, sell or import the patented product or process for a limited period. However, there are some limitations to this exclusive right, such as research exemptions, providing some information to the authorities and the Bolar exception. The Indian Patents Act, 1970 incorporates […]
Malaysia - McDonald’s Loses Trade Mark Mcbattle
The Court of Appeal has unanimously upheld an appeal by McCurry Restaurant (KL), allowing McCurry to use the prefix Mc in the name of its restaurant. In this case, McDonald’s Corporation’s claim against McCurry at the High Court was premised on the fact that McCurry is liable for passing-off for using the prefix Mc in […]
Well-Known Marks Are Protected In Singapore
The concept of well-known marks was first introduced in Singapore when the Trade Mark Act was amended to provide for the protection of well-known marks in 1999. As such, even if a well-known mark is not registered in Singapore, the owner of a well- known trade mark may take action to ensure protection of their […]
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 […]