The Plaintiff's case The Plaintiff's brought an action against the Defendants for passing off, conspiracy to pass of, conspiracy to injure the trade of the Plaintiffs, malicious falsehood and slander of goods and infringement of trade mark under the Trade Mark Act 1976. The Plaintiff's product known as "Lady Gold" was registered under the Control […]
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Singapore – Do Celebrities have rights to their images?
You are walking down Orchard Road, and you are a Celebrity. Suddenly, out of nowhere, photographers jump out, whip out a camera, and start snapping pictures of you. The next day, your pictures are all over the front page news. What rights do you have to those pictures? The Answer– very little. Privacy Law The […]
India - High Court Compares Essential Features
Under the Indian Patent Act a patent is available on an invention that is new, useful and is not obvious to the person skilled in the art. The invention, a product or a process, must satisfy the test of constituting an inventive step, which means the improvement must produce a new result or a new […]
Thailand - Patent on Traditional Knowledge (Pueraria Candollei) – Thai Supreme Court Decision No. 4783/2549
Pueraria Candollei (also known as Peuraria Mirifica), commonly known as Thai Kudzu, is an herb often found in various parts of Thailand. Thai people have long traditional knowledge on the use of this her. The Pueraria Candollei is mostly found in mixed forest where two or more dominant species grow. Researchers in various countries discovered […]
Impact of China-ASEAN Free Trade Agreement on Intellectual Property System and Vice Versa
China-ASEAN free trade agreement has taken its full effect since 1 January 2010 and in terms of trade volume, creates the world's third-largest free trade zone after European Economic Area and the North American Free Trade Area. This trade agreement between China and the 10 ASEAN countries, namely Laos, Vietnam, Philippines, Brunei, Malaysia, Indonesia, Singapore, […]
Malaysia - High Court Brokers Bunfight
We know that the most important purpose of a trade mark is to allow a customer to distinguish this product, with minimal private and social costs, from similar goods made by other manufacturers. But what happens when the original manufacturer has entered into agreements giving consent to another manufacturer to make those same goods on […]
India - Bayer’s Patent Linkage Claim Rejected
Bayer Corporation’s petition to the High Court of Delhi to enforce patent linkage in India was dismissed with costs fixed at a deterrent amount. The respondents to the petition included the Drug Controller General of India (DCGI), and generic drug maker CIPLA. CIPLA had applied to the DCGI for the marketing license of its drug, […]
Malaysia - Protecting The National Cuisine
The Malaysian Tourism Minister’s statement that Malaysia intends to stake its claim on recipes synonymous with the country’s identity, has sparked controversy among the public. Reaction is especially high in Singapore, where people dispute the origins of certain dishes Malaysia intends to claim. The Minister later said that Malaysia has no intention to patent local […]
Malaysia - Patent Direct and Indirect Infringement
Direct infringement of a patent claim is briefly defined as an act of infringement of all claim elements of that claim by a single entity. For instance, direct infringement of a method or process claim occurs when a single entity performs all steps of the said method or process claim, whereas direct infringement of an […]
Malaysia - Megnaway Enterprise Sdn Bhd v Soon Lian Hoc
The Plaintiff's claim was base on the Defendant's infringement of their Copyright and unlawful interference with the Plaintiff's trade or business. Brief Facts Here the Plaintiff was a private limited company carrying on the business of manufacturing and distributing anti car theft system made especially for local made cars under trademark 'THEF-PRO', since 1991. Meanwhile […]