With the introduction of new regulations for the protection of different elements of Intellectual property, such as Patent, Trade Mark, Industrial Design, Copy Rights and Plant Variety Protection, Indonesia has established a wide-ranging system for the protection of IP over the past few years. But in spite of these efforts, there are some loopholes to […]
Malaysia - The Sale Of Goods Bearing A Trademark Over The Internet Is Recognized As Use Of The Trademark In Malaysia
In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co. & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trademark over the Internet or via a website is recognized as use of the trademark. In the […]
The Test For Interlocutory Injunction In Trademark Infringement and Passing Off Tightens in Malaysia
In the recent Malaysian decision of Sanbos (M) Sdn Bhd v Tiong Mak Liquor Trading (M) Sdn Bhd [2008] 3 MLJ 100, the High Court dealt with the test of what would be sufficient to grant an interlocutory injunction in trademark and passing off matter. The Plaintiff was the registered proprietor of the trademarks "CLUB […]
Intellectual Property Laws In Thailand And The Fashion Industry
The Thai government hopes that Thailand can become a great world trendsetter for fashion design in the near future. Although there is no specific legislation that protects fashion design, there are various Intellectual Property Rights provisions that can be called upon to secure exclusive fashion design rights as well as a general tort provision against […]
Singapore Parallel Imports - A glass of ke kou ke le please
More and more Singapore shops are selling parallel import goods that range from cars, shampoos, CDs to drinks. These parallel goods are cheaper than the same goods sold through the authorised dealers. For example, the Chinese version of the Coca-Cola, with label in Chinese 'ke kou ke le', is sold at $1.95 (USD1.43) for a […]
India - Geographical Indication or Certification Mark To Overcome Wrongly Registered Trademark - Ponni
In April 2008, the Government of India banned the export of non-basmati rice (all forms of rice grains that are not the variety of long grain rice). The export ban also covered polished rice usually consumed by diabetic patients to control their intake of sugar in their meals. Such a decision effectively was a severe […]
Vietnam: The benefits of three-dimensional Marks
November 2005 was a significant time in Vietnam as this marked the significant step towards bringing Vietnam's IP system in line with the WTO regulations, since this was the issuance year of Vietnam's IP Law. This also meant that for the first time, the protection of three-dimensional trademarks was officially stipulated. 3D marks are considered […]
Malaysia Trademarks – What constitutes ‘Actual Use?’
In the Malaysian case of Godrej Sara Lee Ltd v Siah Teong Teck & Anor (Part 2) [2007] 7 MLJ 164, the High Court dealt with the issue of non-use of a trademark and its removal from the Register. The Applicant in this case who was a manufacturer of consumer goods sought to apply for […]
“Person Aggrieved”: A stricter test in Malaysia
The Court of Appeal in Malaysia has had occasion to recently consider the issue of what constitutes a person aggrieved in the context of the expungement of a trade mark from the Register. This is of importance as section 45 of the Trade Marks Act ("the Act") provides that an application to rectify the Register […]
Trademarks in Malaysia – The position of Well-known marks
As a result of being a member of the Paris Convention and the TRIPs Agreement, Malaysia amended its Trade Mark Act 1976 to incorporate its international obligations to protect well-known marks in 2001.The following protection was extended for well-known marks in Malaysia under the Trade Marks Act 1976: - In respect of same goods or […]