The Supreme Court of the Philippines announced new Rules of Procedure for IP rights cases on October 18 2011. The Rules took effect on 8 November 2011 and govern new and pending civil and criminal actions for IPR violations lodged before the Special Commercial Courts designated by the Supreme Court. The Rules aim to eliminate […]
Malaysia - Court Of Appeal Addresses Passing Off
Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006]. One of the questions addressed and is in practice a common query: Does the infringing use […]
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 […]
Thailand - Decisions Confirm High Standard For Non-Use
A common fear among trade mark proprietors, particularly those with bigger, wider portfolios is that they might lose their title by not using registered mark. Thai Law does not require use of a Trademark per se to maintain registration, nor does any statement of use certifying that the trade mark has been used need be […]
Malaysia - Trade Description Act Introduced
Keeping pace with changing times, the Malaysian Government recently passed the Trade Descriptions Act, 2011 (TDA). The Act aims to tighten trade mark enforcement provisions by prohibiting false trade descriptions and false or misleading statements, conducts and practices in relation to goods or services, thereby protecting the interest of consumers. The TDA is expected to […]
Thailand Enforces Its Marks
Among the Asian brands that are gaining worldwide fame are: Sony (Japan), Cathay Pacific (Hong Kong), Singapore Airlines (Singapore), San Miguel (Philippines), Wipro (India), Red Bull and Singha Beer, both from Thailand. Every IP strategy starts with a solid trade mark registration portfolio. For example, one of the well-known marks in Thailand is Singha Beer. […]
Trademark System In Thailand
What is the law that regulates trademarks in Thailand? The Trade Mark Act B.E.2534 as amended by the Trademark Act (No.2) B.E.2543 is in force currently and governs trademark matters. What is the office in charge of trademarks in Thailand? Trademark rights are acquired on the basis of proper registration with the Trademark Office of […]
Philippines - Harvard Jeans or Harvard University : Which Name Rings A Bell…?
In 1988, FredCo secured a registration for HARVARD JEANS USA or goods in Class 25. It allegedly used the mark in the Philippines as early as 02 January 1982. On the other hand, in 1993 ,Harvard was issued registration for the trademark HARVARD VERITAS SHIELD SYMBOL in Classes 16, 18, 21, 25 and 28. Harvard […]
Trademark System In Indonesia
What is the law that regulates trademarks in Indonesia? There is a Trade Marks Act in Indonesia (Law No.15 year 2001 dated August 1, 2001) which is still valid and in force and governs trademark matters. What is the office in charge of trademarks in Indonesia? Trademark rights are acquired on the basis of proper […]
Malaysia Cyber-Squatting And Infringement Of Trademarks
The internet is fast becoming a powerful marketing tool and likewise a knowledge commodity. Companies, especially multinationals, tend to market themselves by using the internet. To be more visible, companies formulate their web addresses with their trade name. IP protection in this sense is accorded by domain name registration, for the registration of an exclusive […]