Coming up with a great idea of invention often leaves researchers and inventors gleaming with joy. Implementation of the idea would mean vast monetary gain for some or recognition and a sense of achievement for others. In any case, having a great idea is one thing – putting it into an application, or rather having […]
News
Singapore Copyright Law - Of Students, Notes and Lecturers
The long arms of copyright law hit home again in Singapore, after a spate of high profile cases involving online maps, music downloading, and anime viewing in recent memory. This time, there were two cases, both of which dealt with matters from the academic arena. The 10-year series case The first was a case which […]
Malaysia’s IP Laws To Be Revamped
Due to the recent debates over the rights of IP owners and public discontent, the Intellectual Property Corporation of Malaysia (MyIPO) has reviewed the Intellectual Property Laws of Malaysia and will soon be implementing amendments to resolve matters. The review and amendments will affect the Copyright Act, Trade Marks Act, Patents Act and Industrial Design […]
Malaysia - Registrar’s Discretion in a Trademark Application: Judicial Principles should Prevail over Arbitrariness
Illinois Tool Works, Inc v Pendaftar Cap Dagangan The Registrar of Trade Marks has a general discretion to refuse to register a trade mark which satisfied all the positive conditions laid down by the Trade Marks Act. However, that discretion must be exercised judicially on reasonable grounds which are capable of being clearly stated, and […]
Singapore - SingTel Strikes First Blow In “Mio” Trade Mark Suit
In a recent judgment, the Singapore High Court upheld the validity of Singapore Telecommunications Ltd's (SingTel) trade marks and accordingly acquitted SingTel of trade mark infringement against Mitac International Corporation's (Mitac) registered trade marks. Background Mitac is a company incorporated in Taiwan and is in the business of providing computed products, internet appliances, wireless communication […]
Stricter IP Laws in Thailand - A new beginning
For quite some years now, pirated goods (mainly music, movies and fake branded goods) have been wrecking havoc on Thailand’s economy, growing from strength to strength, and stifling the organized industry. The Thai government, on its part, has been drawing a lot of flak for its failure to ensure IP protection. According to a recent […]
Singapore – on PPH with Japan and on ASPEC with ASEAN member states
Patent Prosecution Highway (PPH) is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices. It permits each participating patent office to benefit from the work previously done by the other patent office, with the goal of reducing examination workload and improving patent quality.The patent office that receives […]
India - Government Use Of Patents Debated
A patent confers exclusivity upon the patentee to exploit an invention and to produce, sell or import the patented product or process for a limited period. However, there are some limitations to this exclusive right, such as research exemptions, providing some information to the authorities and the Bolar exception. The Indian Patents Act, 1970 incorporates […]
Malaysia - McDonald’s Loses Trade Mark Mcbattle
The Court of Appeal has unanimously upheld an appeal by McCurry Restaurant (KL), allowing McCurry to use the prefix Mc in the name of its restaurant. In this case, McDonald’s Corporation’s claim against McCurry at the High Court was premised on the fact that McCurry is liable for passing-off for using the prefix Mc in […]
Striking a Balance – Malaysia looking ahead
Intellectual Property Rights (IPR) enforcement will always be about striking a balance between the rights of the Intellectual Property (IP) proprietor and the general public’s right to freely use and share available resources and innovations and improve on existing technologies and ideas. IP laws in Malaysia have been in conformance with International IP laws as […]