In Guy Neale and others v. Nine Squares [2013] SGHC 249, the Singapore High Court dismissed a trade mark invalidation suit and confirmed the requisite attributes for the establishment of goodwill in Singapore. The Plaintiffs in that case comprises fourindividuals and two companies which carry on business as a partnership operating the restaurant, bar and […]
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Amended Singapore Patent Law in a Nutshell
The Intellectual Property Office of Singapore (IPOS) has announced that the amendments to the Singapore Patents Act and Rules will come into force on 14 February 2014. This new system will affect all new Singapore patent applications, new Singapore national phase applications as well as new divisional applications filed on or after 14 February 2014. […]
Drawing a Line Between Perfume and Wine in Singapore
Tsujimoto Kenzo (“the Applicant”), the proprietor and founder of a winery called Kenzo Estate, located in California, had applied for the trademark “KENZO ESTATE” in Singapore in 2008 under Class 33 and the same was published in February 2010. Kenzo (“Opponent”), a fashion house engaged in the manufacture, sale and distribution of products like fragrances, […]
ASEAN and India - Pre-filing Public Disclosures and "Secret" Prior Art
Best practices for cost effective foreign filing require that applicants and practitioners be aware of the laws on secret prior art and non-prejudical public exposures. Two common issues which may arise in conjunction with any patent application that should be fully understood and appreciated by both patent applicants and practitioners are the pre-filing public disclosures […]
Myanmar - New Trademark Laws
The Myanmar government is aiming to introduce new intellectual property laws by early next year. Currently, trademark applications are filed in the form of a Declaration of Ownership of Trademark “DOT”, with the Deeds Registration Office. Each trademark must be filed using one DOT for each mark. The Applicants are also required to execute a […]
Design Litigation in Indonesia: Another Tale of David and Goliath
PT Perusahaan Gas Negara (Persero) Tbk (PGN) (the Defendant), is an Indonesian company involved in the business of transmission and distribution of natural gas. In 2012, an action for infringement was filed by M Rimba Aritonang (the Plaintiff) in respect of Design No. ID0009708 entitled “Meter Box Adaptor” and was assigned Case No. 73/D.I/2012/PN.Niaga.Jkt.Pst. […]
Malaysia Patent Invalidation Proceedings: Are Courts Empowered To Shift the Goal Post...?
The recent case of Pfizer Ireland Pharmaceuticals (“appellants”) and Ranbaxy (Malaysia) Sdn Bhd (“respondents”) springs out of an invalidation action initiated by the respondents to cancel Malaysia Patent No. MY-111446-A entitled “Pyrazolopyrimidinones for the Treatment of Impotence” (the “446 patent”). The appellants raised the issue as to whether the court had the power to amend […]
Indonesia Legislation: Moves Towards Consolidation of Data Privacy Laws
Of all human rights, privacy can be one of the most difficult to balance. This is exacerbated by the Internet where free, easy and voluntary dissemination of information is routine both in the business and privately. The use of this rapidly developing technology continues to raise doubts regarding security of information and legal certainty. Data […]
Singapore Amends Patent Act and Rules
On 10 July 2012, Singapore Parliament passed the Patent (Amendment) Bill and the Intellectual Property (Miscellaneous Amendments) Bill geared towards strengthening and enhancing Singapore’s patent system in order to support Singapore’s growing international patent capabilities, and developing Singapore as a global Intellectual Property (IP) hub in Asia. The amendments are intended to a) change the […]
Singapore Sufficient Goodwill for Passing-Off Claim, Despite Sales Figures
Hai Tong Co Pte Ltd, a Singapore company, is engaged in the business of importing, exporting and distributing cosmetic products under the LADY ROSE brand and has registered that mark in Class 3. Ventree Singapore Pte Ltd imported ROSE LADY brand cosmetic products from VOV Cosmetics in South Korea and distributed the products in Singapore. […]