Patent litigation in Malaysia is rare and not popular amongst Malaysian companies, the more so when the dispute involves both patent and passing-off. The case of SKB Shutters Manufacturing v Seng Kong Shutter Industries and Anor, which was decided by the Kuala Lumpur High Court on October 4 2010 is one such exception. The case […]
Patent Libraries - A Joint Project of IP Philippines With Universities in Manila and Cebu
One of the projects the Intellectual Property Office of the Philippines (IP Philippines) commenced this year, is the establishment of Patent Libraries also known as Innovation & Technology Support Offices (ITSO). This project is in collaboration with the World Intellectual Property Office (WIPO) and US Patent and Trademark Office (USPTO). The aims of the project […]
IP Market for Pharmaceutical Products in Asia
This article looks to address 4 issues in relations to the IP market for pharmaceutical products in 4 Asean countries. 4 issues which will be address are: Whether the government purchases medicinal products and sets their prices such that a higher price will be set for a patented product; Working requirements of the territory; Enforcement […]
Malaysia - Foreign Trade Mark Owner Vindicated
Recently, the Malaysian High Court adjudicated on the issue of ownership of a mark in cases where an entity (such as a local distributor or dealer), in a commercial relationship with the trade mark owner, attempts to register the mark in its own name. The case was especially significant for foreign companies that are on […]
Singapore - The Trek Case
NEW DEVELOPMENTS IN SINGAPORE PATENT LAW Singapore has seen its first major patent case in a while with the judgment in Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Other Suits [2005] SGHC 90. The High Court here considered a patent infringement case and commented on various aspects of patent law […]
Thailand finally accedes to Paris Convention
Thailand ratified accession to the Paris Convention and the Patent Cooperation Treaty (PCT) on 10 January 2008. The legal instrument of accession to the Paris Convention for the Protection of Industrial Property was submitted to the WIPO on 2 May 2008, thus Thailand became bound by the Paris Convention on 2 August 2008, bringing the […]
Latest Developments in Vietnam IP Law
The Vietnamese government has actively taken measures to ensure that the country's IP laws are effective. They have recognized the relationship between economic development and IP protection. In fact the economic development in Vietnam is one of the most progressive one in Southeast Asia in terms of percentage growth of the GDP. So these IP […]
Petty Invention Revoked in Malaysia!
A utility innovation ("UI") is an exclusive right granted for a minor or petty invention that falls short of the inventive step and novelty bars required for patent protection. Just like a patent, a UI can be revoked and invalidated notwithstanding the Patent Registry's finding that the UI claim and description adequately met the requirements […]
Singapore - Who Can File Post-Grant Oppositions?
The Patent Amendment Act 2005 brought about a significant inclusion to the then existent prosecution scheme by introducing the scheme of post-grant opposition. The legislation provides that a post-grant opposition as under Section 25(2) of the Patents Act 1970 may be filed within one year of the grant of the patent on the same grounds […]
Generic and Biopharmaceutical Growth in Asia
The coming few years will bring a halt to the dominance of big pharmaceutical companies, which are exposed to patents that will expire on more than $80 billion-worth of blockbuster drugs. A famous example is the patent expiry of Eli Lilly’s anti-depressant drug, Prozac, which reportedly lost 73% of market share within two weeks of […]