In a recent Decision No. 1/2533, the Thailand Board of Patents has considered the subject matter of Patent Application No. 0201003643 entitled "Method for Treatment of Hepatitis C Virus" as a method of treatment and rejected the application despite that the claims were amended to a "Swiss-type" use format. A "Swiss-type claim" or "Swiss-type of […]
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Philippines - Pirates And Counterfeiters: Beware of ‘Oplan Holistic’
On June 21, 2008, the Philippines’ National Committee on Intellectual Property Rights (NCIPR) was set up to strengthen the efforts of the Philippine government in curbing piracy and counterfeiting. The Committee is composed of the Department of Trade and Industry (DTI) as chair and the Intellectual Property Office (IPOPHL) as vice-chair and other member agencies […]
Philippines Mediation : A Win-Win Solution
The Intellectual Property Office of the Philippines (IPOPHL) implemented mandatory mediation proceedings in October 2010. This May, IPOPHL settled the long-contested case involving the famous local brand BINALOT, owned by Binalot Fiesta Foods (BFF), a dispute that had been dragging on since November 2007. BFF, a 14-year-old local fast-food chain, has more than 35 branches […]
Malaysia - Compulsory Licences An Exception To Data Rules
A significant number of developing economies have, of late, mustered up the courage to antagonise multinational pharmaceutical companies by issuing compulsory licences. The rationale for this is concern over the public health. As is well recognized, compulsory licences are effective instruments to provide access to expensive drugs. It would be interesting to note the overlap […]
Campomar v. Nike: Finale To A Long-Drawn-Out Saga
Nike International Ltd (NIL) and Campomar have been at loggerheads over the use of the mark NIKE in Class 3. The finale of this long saga was the recent decision of the Court of Appeal. Campomar SL v. Nike International Ltd, (2011) SGCA 6 (Feb. 28, 2011). NIL sought to register the mark NIKE in […]
Thailand - Nestlé Geometric Mark Rejected
The terms chocolate and malt drink immediately conjure up images of Nestlé’s popular beverage Milo. The drink has been so popular that the company often projects very large market share figures. Although the beverage itself and the term Milo have been used for over half a century, the evolution of the brand and the logo […]
Well-Known Marks : The Philippines Standard
Several international instruments, including the Paris Convention and the TRIPs Agreement, mandate that member states provide for a mechanism which affords protection to well-known marks. However, these international Instruments do not specifically set out in stone the exact mechanism which member states need to adopt. Consequently, there have been two significant approaches adopted by countries: […]
High Court Rules On Confidential Information
The year began with a judgment over a patent law dispute involving the Tai family of Malaysia (Soon Seng Palm Oil Mill (Gemas) Sdn Bhd and others v Jang Kim Luang @ Yeo Kim Luang and others). The action revolves around a process patent for “the extraction of intrinsic fibers from waste material left behind […]
Thailand - Record Your Well-Known Mark
Thailand is one of the few jurisdictions that provides a mechanism for the protection of well-known marks. The mechanism is a relatively straightforward recordation, resulting in enormous savings (not just monetary but also in terms of time). The Trademarks Act confers protection for well-known marks, but lacks teeth. It was only in 2005 that the […]
Landmark Victory For India in Ponni Rice Trademark Battle in Malaysia
India has won a trademark row against a Malaysian company, which was granted registration for the word "Ponni" for rice, a premium variety developed and grown in India since 1971. In 2006, the local company was granted registration for the word "Ponni" in Malaysia for rice. The company had been importing ordinary rice from India […]