A recent Intellectual Property Office of Singapore decision in the matter of Google LLC v. Green Radar (Singapore) Pte Ltd delved into the complexities of trademark law in Singapore while highlighting the crucial balance between protecting one’s brand and promoting market competition. Background Green Radar (Singapore) Pte Ltd. (the applicant) is a Singapore-incorporated company and […]
Indonesia Copyright Law
Copyright operates under the principle of “first to use,” meaning that the first person to disclose or publish a work is considered the copyright owner. This differs from other intellectual property rights, which typically follow the principle of “first to file”. Rights conferred under the Copyright Law in Indonesia include copyright and related right. Copyright […]
Calculation of Deadlines According to Indonesia Trademark Law
In Indonesia, the practice of trademark law differs from that of some other jurisdictions in terms of deadline calculation. Article 1 point (22) of Law No. 20 of 2016 concerning Trademarks and Geographical Indications states “Day means work day”. As such, while deadlines are often counted on running calendar days, in Indonesia, they are typically […]
Successful Mediation challenges the archaic notion of “an eye for an eye”
A first successful mediation under the WIPO-Singapore ASEAN Mediation Programme (“AMP”) saw parties amicably settling their dispute in October 2023. Both disputants’ primary business was in eyecare and eye examination. The matter concerned the use of Chew’s Optics (“Party A”)’s registered trade mark(s) under Class 35: Party A had already been utilising the said trade […]
Singapore – Trademark Laws & Generative-AI
In the age of Artificial Intelligence (“AI”) proliferating, disruptions are experienced across industries including service and media. Generative AI (or “GenAI”) is also interluding in the realm of intellectual property (“IP”). Trademark laws, among other IP Laws, are facing new challenges and complexities and require fresher perspectives for improving brand protection, especially in countries like […]
A different Monster
This decision arose from Monster Energy Company’s opposition against the registration of the Application Mark “GENTLE MONSTER” (a word mark) by IICOMBINED Co., Ltd, in Class 9 for “smartglasses”, on the following grounds: That the Application Mark is confusingly similar to its “MONSTER ENERGY” marks, one of which was registered in 2014 in Class 9; […]
AMENDMENTS TO TRADEMARK IN CIRCULAR NO.23/2023/TT-BKHCN
Further to the numerous changes introduced via Decree 65 on 23 August 2023 (https://www.mirandah.com/vietnam-updates-in-trade-mark-law/), the Vietnamese Government has on 30th November 2023 issued Circular No.23/2023/TT-BKHCN (hereinafter “Circular 23”) making more amendments to the Vietnam Intellectual Property (“IP”) laws, aimed at providing guidance for implementation, and aligning IP practice as a result of changes to the […]
THE WELL-KNOWN STATUS OF TRADEMARK CAN BE A DETERMINING FACTOR IN THE SUCCESSFUL LAWSUIT CONCERNING TRADEMARK INFRINGEMENT, EVEN IF THE GOODS/SERVICES ARE IN DIFFERENT CLASSES
The recognition of a trademark can determine the success of canceling a trademark that has actually been registered earlier in the territory of Indonesia. This was demonstrated by Starbucks Corporation against Sumatra Tobacco Trading Company (“STTC”), one of the local conglomerate companies. In October 2023, STTC filed a Judicial Review of a Cassation Decision that […]
Vietnam – Changes to Trademark Law and IP Enforcement
Vietnam Decree No. 65/2023/ND-CP (Decree 65) took effect on 23 August 2023. Decree 65 represents the latest state of IP rights establishment and enforcement in Vietnam. Decree 65 provides guidance on the implementation of the Intellectual Property Law 2022 (the IP Law), particularly in the realms of IP registration and enforcement. In brief, Decree 65 […]
CAMBODIA: New Amendments to Trademark Laws Address Single-Use Applications and Affidavits for Use/Non-Use
The Department of Intellectual Property Rights in Cambodia has updated the country’s trademark law, especially concerning filing and maintenance. It issued two notices—one on August 1, 2023, the other 10 days later on August 11—that dealt with single multi-class applications and affidavits of use/non-use, respectively. The First Notice (No. 2501/R/DIP) The First Notice mandates that […]