Intellectual Property Rights (IPRs), in particular trademarks have taken on increased importance in the current Internet-driven, knowledge based society, due in part to the growth of the Internet as an information/technological medium. Association of Southeast Asian Nations (ASEAN) notes that IP and IPRs creation, commercialization, and protection have assumed an increasingly profound and unprecedented influence […]
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Singapore - Louis Vuitton gets tough on local retailer
Leading luxury and fashion goods company Louis Vuitton won a High Court judgment against a Hong Kong based watch retailer, City Chain, for trademark infringement in Singapore. LV's issue was with certain watches sold by City Chain under its Solvil brand. LV believes that City Chain were infringing on its trademark, a flower with four […]
Indonesia Works To Improve Its Trademarks Regulations System
With the introduction of new regulations for the protection of different elements of Intellectual property, such as Patent, Trade Mark, Industrial Design, Copy Rights and Plant Variety Protection, Indonesia has established a wide-ranging system for the protection of IP over the past few years. But in spite of these efforts, there are some loopholes to […]
Malaysia - The Sale Of Goods Bearing A Trademark Over The Internet Is Recognized As Use Of The Trademark In Malaysia
In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co. & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trademark over the Internet or via a website is recognized as use of the trademark. In the […]
Singapore Copyright Infringement – Karaoke operators to pay copyright fees
Recently, Karaoke operators in Singapore were confused when the Composers and Authors Society of Singapore (COMPASS) informed them that they violated copyright laws, as they did not have legal permission to copy the music and lyrics of composers into their karaoke-on-demand (KOD) systems. KOD systems are generally automated databases of digitized karaoke and music videos, […]
Singapore Patent - The relationship between drug patents and generic drugs
"A patent is a monopoly right given by the Government to the owner of an invention to enable him to prevent others from using, copying or making the invention without his consent in the country in which he has obtained patent protection. Apart from using the patent to prevent others from exploiting the invention, the […]
Piracy In Asia - My Personal Viewpoint by Perlin Tan
A merchant ship with a crew of hardworking honest sailors has been sailing for months. The ship is 3 days from it's destination, some of the crew will not last that long. Those who do arrive, will do so empty handed because Pirates have helped themselves to the merchant ship's goods, and some to the […]
The Test For Interlocutory Injunction In Trademark Infringement and Passing Off Tightens in Malaysia
In the recent Malaysian decision of Sanbos (M) Sdn Bhd v Tiong Mak Liquor Trading (M) Sdn Bhd [2008] 3 MLJ 100, the High Court dealt with the test of what would be sufficient to grant an interlocutory injunction in trademark and passing off matter. The Plaintiff was the registered proprietor of the trademarks "CLUB […]
Singapore Copyright Infringement Online TV show recording service sued by Broadcasting Company
An internet start up launched its online service RECORDTV in July 2007, allowing Singaporeans for the first time to record free-to-air TV shows aired by Mediacorp, Singapore's only broadcasting company, over the Internet. Founders Carlos Fernandes and Varsha Jagdale bought out an American company which had pioneered the service in the late 1990s. Using this […]
Malaysia High Court Invalidates Recent Patent In Favour Of Original Patentee
In IEV International Pty Ltd v Sadacharamani a/l Govindasamy [2008] 2 MLJ 754, the High Court of Malaysia considered the issue of novelty in relation to improvements made to an existing patent right and whether to allow a patent invalidation action brought by the original patentee. BACKGROUND FACTS The Plaintiff in this case, IEV International […]