The Supreme Court of Thailand has dealt with the issue of novelty of a design patent in the case of Little Bell Co., Ltd v Pongsawad Tiananon (Case No. 2824/2007). In this case, the Plaintiff, a corporation known as Little Bell Co. Ltd took legal action and contested the validity of the Second Defendant's product […]
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Loss of distinctiveness - the Singapore experience with generic marks
While trademark owners may beam as their trademarks grow in fame, bursting into widespread popularity, the danger is that someday all value might be lost. Such naivety on the part of mark owners can be detrimental, as once a trademark starts to form part of a common vocabulary, then they become generic and open to […]
Parallel Imports permitted on patented products in Singapore
Parallel importation refers to the import of goods outside the distribution channels contractually negotiated by the manufacturer. Because the manufacturer/IP owner has no contractual connection with a parallel importer, the imported goods are sometimes referred to as "grey market goods". This desciption in fact is somewhat misleading, as the goods as such are original, being […]
Thai Court Rules Against Patent Infringement: Distributor Succeeds In Obtaining Rights To Trade Name
In the recent Thai case of Visit Taksapiboon v Modern Technique Lock Co., Ltd (Case No. 57/2007), the Central Intellectual Property and International Trade Court (CIPITC) considered a claim of patent infringement and a counter-claim against the Plaintiff for invalidation of the patent as well as a challenge against the Plaintiff's rights to use an […]
Indonesia - The Jakarta Buddha Bar Story
What’s in a trade name without a registered trademark in a business or to be more specific, the restaurant business? Apparently, it can be no less distinguishable than the original registered trademark. Take the example of the once registered trademark, Buddha Bar, in Jakarta, Indonesia. As reported in The Jakarta Post (online) on 22 April […]
The Malaysian New Plant Varieties Act 2004 - A comparative perspective
It has long been established that one cannot patent the way one grows a plant, or even the plant itself. In Malaysia, section 13(1)(b) of the Patents Act 19831 expressly provides that plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-organisms, micro-biological processes and […]
India - Patents (Amendment) Act 2008
Introduced in Parliament on 21 July 2008, the Patents (Amendment) Bill mainly sought to implement certain measures under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) as amended by the protocol thereto concluded in Geneva on 6 December 2005 (the Protocol), and to give effect to the decision adopted by the General […]
Malaysia - Functional or utilitarian characteristics of an article of manufacture are not protectable under passing off law
Alfa Laval ( M) Sdn Bhd v Ng Ah Hai & Ors [2008] 5 MLJ 344 The Plaintiff, Alfa Laval (M) Sdn Bhd, a manufacturer and supplier of plate heat exchangers and plate under the brand 'Alfa Laval' applied for an injunction to inter alia restrain the Defendants from passing off imitation plate heat exchangers […]
Malaysian Patent - Interim Injunction Granted in Malaysia Based on American Cyanamid principles
In the case of Aventis Farma SA (m) Sdn Bhd v Rohibul Sabri bin Abbas @ Megat & Anor [2008] 3 MLJ 451, This case is based on the selling generic version of docetaxel trihydrate (hereinafter referred to as "DT") According to the Plaintiffs, the Defendants had infringed their Malaysian Granted Patent MY-118481-A (herein after […]
Singapore - Claim of Monopolistic Practice Rejected by the Competition Commission
There has been a recent development in competition law in Singapore with the ruling by the Competition Commission of Singapore ("CCS") in respect of the issue of abuse of dominant under the Competition Act by NTUC Income (a local insurance company) and ironically the Consumers Association of Singapore ("Case"). In Singapore the Competition Act Chapter […]