A recent contention between two IT companies in Malaysia stresses the importance to intellectual property agreements in business contracts. Such contentions may be avoided by proper accounting of intellectual property (IP), periodic audits and IP due diligence. In this article, we discuss the contention between Netripples and Knowlegebase over IP rights for a software product. […]
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42nd World Intellectual Property Congress, AIPPI, in Paris
42nd World Intellectual Property Congress, AIPPI, will take place from 3 to 6 October 2010 in Paris. Directors of Patrick Mirandah Co., Gladys Mirandah and Denise Mirandah, will be flying to Paris to attend the conference. If you wish to meet us to find out more about pmc and IP in the Asia Pacific region, […]
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 […]
Malaysian Courts hold that first use of a trademark an important factor in expungement proceedings
The Malaysian High Court, in Yong Sze Fan & Anor v Sharifah bt Mohd Tamin & 4 Ors [2008] 5 AMR 163 had an opportunity to consider an application for an order that a trademark registered by the Malaysian Trademark Registry be expunged (cancelled) from the Register under the provisions of the Malaysian Trade Marks […]
Guide To Plant Varieties Protection In The Asean Region
Protection of Plant Varieties The International Convention for the Protection of New Varieties of Plants (UPOV Convention) was signed in Paris in 1961 and entered into force in 1968, seeks to acknowledge the achievements of breeders of new varieties of plants, by granting them an intellectual property right, on the basis of a set of […]
India - Ninth Edition Of Nice Classification Adopted
The Indian Trade Marks Rules 2002 were recently amended to adopt the Ninth Edition of Nice Classification, in order to align the trade mark laws in India with the international system. Additional service classes, namely, classes 43-45, have been added. The applicants are requested to bring their existing applications in compliance with the new classification. […]
Malaysia - Important aspect of copyright infringement
In a recent copyright infringement case (April 2010) in Malaysia [Suit No: D5 (IP)-22-1152-2005], the local High Court carefully reviewed certain key facts and legal precedents to meticulously analyse and rule on some important aspects of copyright infringement. One such issue pertained to whether protection under the Copyright Act, afforded to a set of drawings […]
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 […]
Malaysia - Breach of License Agreement from the perspective of Intellectual Property
A commentary by Patrick Mirandah on the Landmark Decision of the Federal Court GS Gill Sdn Bhd v Descente, Ltd. [2010] 5 CLJ 613 INTRODUCTION The Federal Court in GS Gill Sdn Bhd v Descente, Ltd [2010] 5 CLJ 613 has provided a strict guideline for the licensees in relation to trade mark licensing in […]