Vietnam filed an application to join the WTO in early 1995 as part of its Doi Moi policy to shift the Vietnam economy from centrally planned economy into a market economy. However, this South East Asian country has yet to be accepted into the WTO. Prior to 1995, the Vietnamese Intellectual Property (IP) protection system […]
Vietnam Joins WTO - Moving Forward
After having been accepted by the Vietnam National Assembly on November 2005, the new Vietnamese Intellectual Property Law came into force on 1 July 2006. The enactment of the Law on Intellectual Property improves the efficiency of intellectual property rights, and contributes to the completion of Vietnamese legal systems. All the Intellectual Property regulations which […]
Highlights on Patent and Design Changes in the new Vietnam Intellectual Property Law
Vietnam National Assembly has passed the new Intellectual Property Law, which will officially come into effect on 1 July 2006. This is a significant development as previously, legislation on IP was contained in Part VI of the Civil Code, and did not have its own legislation. Much of the former provisions were not TRIPS-WTO compliant […]
Indonesia - The Design Copyright Case
The legal framework for the protection of industrial designs in Indonesia is based on Law No. 31/2000 (Law on Industrial Designs) that became effective on 14 June 2001. Based on the law, any third party may file for the cancellation of registration of an industrial design to the Commercial Court on the grounds that the […]
The Honda case – Injunctive Relief in Industrial Design and Three Dimensional Copyright in Malaysia
The High Court in Malaysia has delivered an important decision on the various issues pertaining to copyright and industrial design with special reference to an application for an interlocutory injunction. In Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30, the famous Japanese marque for bikes […]
Protecting Intellectual Property in Malaysia - Law or Enforcement
It was recently commented by the Penang Local Government, Traffic Management and Environment Committee chairman, Chow Kon Yeow that 'Although intellectual property laws in Malaysia are in place and confirmed with international standard for intellectual property protection needs, enforcement initiative by relevant government agencies is required to effectively protect both foreign and local investors' intellectual […]
Protection Of Engineering Designs In Malaysia By Way Of Copyright and Passing-Off
The protection of engineering designs by way of copyright and passing-off in Malaysia was dealt with by the High Court in Malaysia in the case of Hexagon Tower Sdn Bhd v Polydynamic Holdings Sdn Bhd & 3 Ors [2005] 4 AMR 384. In this case the plaintiff company was in the business of manufacturing and […]