More and more Singapore shops are selling parallel import goods that range from cars, shampoos, CDs to drinks. These parallel goods are cheaper than the same goods sold through the authorised dealers. For example, the Chinese version of the Coca-Cola, with label in Chinese 'ke kou ke le', is sold at $1.95 (USD1.43) for a […]
India - Geographical Indication or Certification Mark To Overcome Wrongly Registered Trademark - Ponni
In April 2008, the Government of India banned the export of non-basmati rice (all forms of rice grains that are not the variety of long grain rice). The export ban also covered polished rice usually consumed by diabetic patients to control their intake of sugar in their meals. Such a decision effectively was a severe […]
Vietnam: The benefits of three-dimensional Marks
November 2005 was a significant time in Vietnam as this marked the significant step towards bringing Vietnam's IP system in line with the WTO regulations, since this was the issuance year of Vietnam's IP Law. This also meant that for the first time, the protection of three-dimensional trademarks was officially stipulated. 3D marks are considered […]
Malaysia Trademarks – What constitutes ‘Actual Use?’
In the Malaysian case of Godrej Sara Lee Ltd v Siah Teong Teck & Anor (Part 2) [2007] 7 MLJ 164, the High Court dealt with the issue of non-use of a trademark and its removal from the Register. The Applicant in this case who was a manufacturer of consumer goods sought to apply for […]
“Person Aggrieved”: A stricter test in Malaysia
The Court of Appeal in Malaysia has had occasion to recently consider the issue of what constitutes a person aggrieved in the context of the expungement of a trade mark from the Register. This is of importance as section 45 of the Trade Marks Act ("the Act") provides that an application to rectify the Register […]
Trademarks in Malaysia – The position of Well-known marks
As a result of being a member of the Paris Convention and the TRIPs Agreement, Malaysia amended its Trade Mark Act 1976 to incorporate its international obligations to protect well-known marks in 2001.The following protection was extended for well-known marks in Malaysia under the Trade Marks Act 1976: - In respect of same goods or […]
Singapore - Intellectual Property Exploitation – a case in Parallel Import
The issues examined in the case Hawley & Hazel Chemical Co. (s) Pte Ltd v Szu Ming Trading Pte Ltd [2008] SGHC 13 will determine whether there should be a legal or contractual obligation on the part of the licence grantor to limit the influx of parallel imports that a licensee or distributor might face […]
The strength and enforceability of IP Laws in the ASEAN Community
Recently, The Economist Intelligence Unit (EIU) published a new survey report aptly called "The Investment Climate of South-East Asia" pursuant to a survey conducted amongst 234 senior corporate executives contemplating investments in several countries in the South East Asia region. The Economist conducted the survey under sponsorship from the United States Chamber of Commerce in […]
At a Glance – Trademark Practices in Vietnam: Your 2007 Update
On February 14, 2007 the Vietnam National Office of Intellectual Property (NOIP) announced changes relating to trademark practices. We bring you an easy reference update. Descriptive Section: The type of mark must be described as: ordinary mark, collective mark, certification; or associated mark Associated Marks/Goods and Services If previous applications have been lodged, details of […]
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 […]