The concept of well-known marks was first introduced in Singapore when the Trade Mark Act was amended to provide for the protection of well-known marks in 1999. As such, even if a well-known mark is not registered in Singapore, the owner of a well- known trade mark may take action to ensure protection of their […]
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India - Copyright Law Revamped For Digital Age
In view of recent advances in technology, copyright protection has to be more complex. The widespread use of electronic modes of communication and data storage makes it essential that copyright law takes these technologies into account to safeguard the interests of the copyright owners and provides them with effective remedies. The Indian Copyright Act 1957 […]
Malaysia - Foreign Use Of Trade Mark Rejected
In the case of Elba SpA v Fiamma Sdn Bhd [2008 3 MLJ, Elba, an Italian maker of cooking appliances, filed an originating motion for a declaration that it owned the Elba mark and that Malaysian company Fiamma’s Elba registration in Class 7 and 11, which had been registered for more than seven years, were […]
Series of 5 Short Recent Cases in Thailand
Coca-Cola v The Intellectual Property Department The Supreme Court issued a historic decision when it found in favour of the trademark registration of Coca-Cola's 2-dimentional bottle picture in black and white for use with non-alcoholic beverages. The mark was considered inherently distinctive enough to acquire registration under Section 7 of Thai Trademark Act. Proof of […]
Singapore - Copyright infringement goes on
In Singapore, there is a myriad of intellectual property (IP) laws designed to protect the relevant IP with each limb of IP, having its own legislation designated for it. Copyright is protected under the Copyright Act 2005 (Cap 63), a piece of legislation adopted along similar lines to the United States of America's Digital Millennium […]
India - Patent Used To Block Drugs Shipment
Countries trying to tackle the menace of counterfeit drugs are taking various steps to check the entry of unauthorised drugs. However one problem arising from this is that counterfeit drugs are defined differently in various jurisdictions. Many countries consider products that are not registered there as being counterfeit. International trade means that medicines may reach […]
Thai Court Rules Against Department of Intellectual Property
In the recent Thai case of DCON Productions PCL v Department of Intellectual Property (Case No. 48/2008), the Central Intellectual Property and International Trade Court (CIPITC) dealt with a suit by the Plaintiff against the Department of Intellectual Property (who was the Defendant in the case) in respect of the decision made by the Defendant […]
Patent Prosecution Highway (PPH) programme between US and Singapore
An applicant which aims to protect his invention in multiple countries has to seek patent protection in each of the desired country. This means having his application searched and/or examined independently in each of the country. The timeline to obtain a patent differs in each country, which mostly depends on the speed of prosecution of […]
Thailand updates their Film and Video Act to curb Piracy
Due to the recent increase in demand for film production of both Thai and foreign films in Thailand, the Thai Government took the initiative to review its Film and Video Act of 1930 to broaden its scope of protection. The Film and Video Act 1930 which was updated and has been in force since June […]
The time has come for Software Patents in Malaysia
Industries invest millions in developing computer-related systems every year. However, these systems do not seem to be given ample intellectual property protection. Computer programs enjoy copyright protection, but these will only protect them against copying. Patent protection, on the other hand, prevents competitors from copying, reverse engineering or independently inventing a system that embodies the […]