A new Patents Order, 2011 has come into force in Brunei Darussalam, effective January 1, 2012. This legislation repeals the previous patent legislation, i.e. The Inventions Act, Chapter 72. Previously, Brunei, a member state of ASEAN, did not have a national patent system. Patent protection was obtained by re-registration of a granted UK, European Patent […]
Thailand - Can You Register A Functional Design?
Registration of designs in Thailand is governed by the Department of Intellectual Property and the Thai Patent Act. There are lacunas in the Act design patents, especially where it proves difficult to draw the line between invention patents and design patents. Section 3 of the Act merely provides that a design is ‘...any configuration of […]
ASEAN and India - The Importance of Industrial Design Protection
Of the four pillars of intellectual property protection – patents, industrial designs, trademarks and copyrights – perhaps the most overlooked is that for industrial (ornamental) designs. In most countries, the available design protection is generally very narrow, with a minimal halo of protection around the exact design depicted in the application. Why would an applicant […]
Malayisa - How to Use Utility Innovations
Malaysia’s Patents Act 1983 provides different rules & requirements in respect of the conferment of protection upon minor inventions: utility innovations. An advantage of utility innovations in contrast with regular patents is that they have a lower threshold for patentability. Section 17 of the Act defines a utility innovation as: “any innovation which creates a […]
Thailand - Mediation Achieves Impressive Success Rate
Litigation in Thailand has often been stigmatised as lengthy, expensive, cumbersome and convoluted. Indeed, the weight of this fear burdens not so much the infringers of IP rights but, disproportionately more in fact, brand owners themselves. Where litigation in Thailand has revealed many shortcomings, it has been cast away as commercially non-sensical for the protection […]
Efficient, Cost-Effective Patent Procurement In Southeast Asia
Global patent filing trends, especially in Southeast Asia, have been steadily on the rise, and anyone who has been involved with the preparation, filing, prosecution and maintenance of patents around the world will readily agree that global patenting is a highly complicated and expensive undertaking requiring careful planning and serious considerations. Patenting a single invention […]
Malaysia - Implementation Of Data Exclusivity(DE)
The National Pharmaceutical Control Bureau (NPCB) in Malaysia ensures the quality, efficacy and safety of pharmaceuticals through the evaluation of technical data and laboratory test conducted during clinical trial. Upon fulfilment of all safety regulations, approval is given for marketing. Malaysia is a member of World Trade Organization (WTO). Under Article 39.3 of the TRIPs […]
Malaysia - Generic Pharma Seemingly Manage to ‘Invent Around’ Innovator Patent
Sanofi-Aventis took on Dabur Pharma in the latest pharmaceutical patent case law to be decided at the Malaysian High Court (D-22IP-46-2009). Sanofi is the owner of a process patent - MY ’481 - for the production of Docetaxel trihydrate, which they market as Taxotere. Worldwide annual sales of Taxotere totaled approximately US$3.1 billion dollars in […]
Thailand Patent Application Through PCT
The Department of Intellectual Property of Thailand opened its doors to PCT applications on December 24 2009. Since then, any PCT application filed on or after 24 December 2009 has automatically included the designation of Thailand. The time limit for entering the national phase in Thailand for new PCT applications is 30 months from the […]
Useful Considerations When Filing A PCT Application In ASEAN
The Patent Cooperation Treaty (PCT) came into force in 1978 after being ratified by 18 countries and has since become the preferred method of filing patent applications for most applicants with plans to file in several contracting states. An applicant can secure a filing date in all 143 member countries. (The newest PCT contracting state, […]