Coming up with a great idea of invention often leaves researchers and inventors gleaming with joy. Implementation of the idea would mean vast monetary gain for some or recognition and a sense of achievement for others. In any case, having a great idea is one thing – putting it into an application, or rather having […]
Malaysia’s IP Laws To Be Revamped
Due to the recent debates over the rights of IP owners and public discontent, the Intellectual Property Corporation of Malaysia (MyIPO) has reviewed the Intellectual Property Laws of Malaysia and will soon be implementing amendments to resolve matters. The review and amendments will affect the Copyright Act, Trade Marks Act, Patents Act and Industrial Design […]
Malaysia - Registrar’s Discretion in a Trademark Application: Judicial Principles should Prevail over Arbitrariness
Illinois Tool Works, Inc v Pendaftar Cap Dagangan The Registrar of Trade Marks has a general discretion to refuse to register a trade mark which satisfied all the positive conditions laid down by the Trade Marks Act. However, that discretion must be exercised judicially on reasonable grounds which are capable of being clearly stated, and […]
Singapore - SingTel Strikes First Blow In “Mio” Trade Mark Suit
In a recent judgment, the Singapore High Court upheld the validity of Singapore Telecommunications Ltd's (SingTel) trade marks and accordingly acquitted SingTel of trade mark infringement against Mitac International Corporation's (Mitac) registered trade marks. Background Mitac is a company incorporated in Taiwan and is in the business of providing computed products, internet appliances, wireless communication […]
Stricter IP Laws in Thailand - A new beginning
For quite some years now, pirated goods (mainly music, movies and fake branded goods) have been wrecking havoc on Thailand’s economy, growing from strength to strength, and stifling the organized industry. The Thai government, on its part, has been drawing a lot of flak for its failure to ensure IP protection. According to a recent […]
Malaysia - McDonald’s Loses Trade Mark Mcbattle
The Court of Appeal has unanimously upheld an appeal by McCurry Restaurant (KL), allowing McCurry to use the prefix Mc in the name of its restaurant. In this case, McDonald’s Corporation’s claim against McCurry at the High Court was premised on the fact that McCurry is liable for passing-off for using the prefix Mc in […]
Striking a Balance – Malaysia looking ahead
Intellectual Property Rights (IPR) enforcement will always be about striking a balance between the rights of the Intellectual Property (IP) proprietor and the general public’s right to freely use and share available resources and innovations and improve on existing technologies and ideas. IP laws in Malaysia have been in conformance with International IP laws as […]
Well-Known Marks Are Protected In Singapore
The concept of well-known marks was first introduced in Singapore when the Trade Mark Act was amended to provide for the protection of well-known marks in 1999. As such, even if a well-known mark is not registered in Singapore, the owner of a well- known trade mark may take action to ensure protection of their […]
Malaysia - Foreign Use Of Trade Mark Rejected
In the case of Elba SpA v Fiamma Sdn Bhd [2008 3 MLJ, Elba, an Italian maker of cooking appliances, filed an originating motion for a declaration that it owned the Elba mark and that Malaysian company Fiamma’s Elba registration in Class 7 and 11, which had been registered for more than seven years, were […]
Series of 5 Short Recent Cases in Thailand
Coca-Cola v The Intellectual Property Department The Supreme Court issued a historic decision when it found in favour of the trademark registration of Coca-Cola's 2-dimentional bottle picture in black and white for use with non-alcoholic beverages. The mark was considered inherently distinctive enough to acquire registration under Section 7 of Thai Trademark Act. Proof of […]