Dextra Asia Co Ltd and Dextra Manufacturing Co Ltd (collectively referred to as "Dextra"), the owners of rights in Asia to "Bartec", a patented invention used in reinforcing concrete in the construction of buildings sued Mariwu Industrial Co (S) Pte Ltd in 2006 for alleged infringement of their Singapore patent. The trial judge, Tan Lee […]
Singapore McDonalds’ Opposition Rights Re-Affirmed
McDonald's Corporation, recently secured a landmark verdict in Singapore which cemented protection of its intangible IP rights when the Court of Appeal ruled that they had a right to oppose a trademark application based on sufficient visual, aural and conceptual similarities to their well-known "McCAFE" trademark. The Background Facts: Future Enterprises Pte Ltd v McDonalds […]
Singapore Court Enforces Johnson & Johnson’s IP Rights
Johnson & Johnson, one of the world's most comprehensive and broadly based manufacturer of health care products for the consumer, pharmaceutical, and medical devices and diagnostics markets recently secured a landmark decision in Singapore which cemented protection of its intangible IP rights when the High Court ruled that there has been an infringement of its […]
Enforcement of Patent Rights in South and South East Asia: Comparative Case Law
In South and Southeast Asia there is a growing awareness of patent rights and parties are now more willing to litigate to protect their patents in this huge and growing market. In Southeast Asia there is a lack of homegrown jurisprudence particularly as the various countries share various colonial legacies in terms of their legal […]
Landmark Decision On Well Known Mark In Singapore
Trademarks serve to distinguish between the goods or services of competing organisations. The Paris Convention was the first agreement to address well-known marks. The extension of protection in cases of lack of use or registration was seen as a significant departure from traditional trademark law and this right was generally accorded to a very select […]
India - The Eye-Test for Novelty of Designs
In a recent appeal case, Gopal Glass Works Ltd v AC of Patents & Designs Ors 2006 (33) PTC 434 (cal), Kolkata High Court examined the grounds for cancelling a registered design. According to Section 19 of the Indian Designs Act (amended) 2000, "prior publication" anywhere in the world and prior registration in India are […]
US-Indian IP Pact Boosts Cooperation
Bilateral trade between India and the US has increased exponentially over the past two decades, and gathered a full head of steam last year. In March 2006, US president Bush visited India for a meeting with prime minister Manmohan Singh on increased global partnership between the two nations. This was well received and very successful. […]
India - A Case Study on Copyright
In Radio Today Broadcasting Ltd v Indian Performing Rights Society 2007 (34) PTC 174 (Cal), Radio Today Broadcasting, the petitioners, plan to run a radio station through the FM band with the name Radio Today. They applied for a licence from the central government and also secured a provisional licence. The petitioners' intent is to […]
Malaysian Patents Act evolves
The Malaysian Patents Act 1983 and Patents Regulations 1986 have recently been subjected to several amendments in view of developments in the nation's patent scene. One of the most important amendments to the Act is the amendment to Section 34 pertaining to public inspection of files relating to patent applications. In line with the practices […]
Malaysia - SAP obtains Interlocutory Injunction in Copyright Case
In the case of SAP (M) Sdn Bhd & Anor v I World HRM Net Sdn Bhd [2006] 2 MLJ 678 an application for an interlocutory injunction was made by SAP, the German software company, and its local exclusive distributor after they had sued the defendants for copyright infringement. The defendants had an individual end […]