Several notable cases in Malaysia have significantly influenced the protection of intellectual property within the country’s fashion industry. Trade Mark In 2019, the High Court of Kuala Lumpur (“Court”) saw a heated trademark battle between fashion powerhouse 30 Maple Sdn Bhd (‘Plaintiff”) and individual seller Siti Safiyyah binti Mohd Firdaus Chew (“Defendant’). At the heart […]
Geographical indications in Malaysia: Recent developments and progress
A geographical indication (GI) is a sign used on products with a specific geographical origin and possesses qualities, reputation, or characteristics attributable to such origin. In Malaysia, the protection of GIs is governed by the Geographical Indications Act 2022, which came into force on March 18, 2022, repealing the earlier 2000 act. The 2022 act […]
Singapore – Fonterra Brands v. Consozio del Formaggio Parmigiano Reggiano
In Fonterra Brands (Singapore) Pte Ltd v. Consorzio del Formaggio Parmigiano Reggiano [2024] SGCA 53 (Fonterra), the Court of Appeal illuminated the Singapore courts’ position on the protection of geographical indications under the Geographical Indications Act 2014 (GIA). Fonterra Brands (a wholly owned subsidiary of a New Zealand-based cooperative company owned by 10,000 New Zealand dairy […]
Indonesia Courts Issues Landmark Decision Affecting Non-Use Period of Trademarks
The Constitutional Court of Indonesia issued a landmark decision on 30 July 2024. The case involved a micro, small and medium enterprise (MSME) owner of the HDCVI and Logo trade mark, facing a lawsuit for the deletion of his trade mark on the basis that it had not been used for three (3) consecutive years. […]
SINGAPORE: Prosecco, Geographical Indications, and the Likelihood of Deception
In this decision, the Court of Appeal held that sufficient evidence must be shown to demonstrate that a geographical indication (GI) was likely to deceive the Singaporean buyer as to the source of the product that the GI denotes, so as to render that GI unregistrable. The decision was issued on November 8, 2023. The appellant […]
SINGAPORE: Owner of ‘Parmigiano Reggiano’ GI Wins Litigation over Parmesan Translation
Fonterra (the appellant) filed a request with the Intellectual Property Office of Singapore (IPOS) to qualify the scope of protection of the geographical indication (GI) “Parmigiano Reggiano,” arguing that the word “Parmesan” was not a translation of “Parmigiano Reggiano.” Consorzio del Formaggio Parmigiano Reggiano (the respondent), owner of the GI “Parmigiano Reggiano,” successfully challenged the […]
GI status for ant chutney: A mouthwateringly appetising prospect?
Mayurbhanj district in the state of Odisha in eastern India is well known for its ‘kai (red weaver ant) chutney’ and may, soon, attain the much-awaited geographical indication (‘GI’) status. The ants are abundantly available in Mayurbhanj district and has been consumed in the form of a chutney or soup, by mixing them with spicy […]
Singapore: “Champengwine” application denied due to the grounds of bad faith
“CHAMPAGNE,” in connection to wines, is a geographical indication that it is produced through certain local requirements and is grown from specific regions in France. Keep Waddling International Pte. Ltd (the applicant) and its related companies have been using the trademark “PENGWINE” as their house-mark for their wines originating from Chile since April 2004. These […]
Phase 2 of Enhanced IP Border Protection Measures under the EU-Singapore Free Trade Agreement
On 21 November 2019, the second phase (Phase 2) of enhanced IP border enforcement measures under the Intellectual Property (Border Enforcement) Act 2018 (IPBEA) came into effect upon the entry into force of the EU-Singapore Free Trade Agreement (the EUSFTA). The IPBEA was enacted following the conclusion of the EUSFTA in 2014 by which Singapore […]
Indonesia: Implementing regulations for geographical indications
Since the geographical indication general provision was introduced in 2016 (under Law No. 20 of 2016 concerning the Trademark and Geographical Indication Law), there was no specific stipulation from the Indonesian government to support the law, until June 25, 2019, when the government enacted Ministry Regulation No. 12 of 2019 implementing the specific provisions regarding […]