Source codes of open source software are developed and distributed through licences known as the general public licence (GPL). However, the trade marks of the software developers are not distributed along with these source codes. While distributors' brands and trade marks belong to them, the underlying source code belongs to the open source community. Therefore, […]
Malaysia - Acushnet Obtains Summary Judgment
US golf equipment manufacturer Acushnet, which owns the Titleist trade mark in Malaysia, has managed to obtain summary judgment against a local company in the case Acushnet Company v Metro Golf Manufacturing Sdn Bhd [2006] 7 CLJ 557. The proceedings began in 2004 when, following the discovery of documents incriminating the defendant, the enforcement division […]
Counterfeit goods in daily Malaysian lives – How Malaysia fights back
Most often the news broadcast on counterfeiting in Malaysia are usually associated with branded goods. This disease has now plagiarized Malaysian soil and as a consequence, its consumers have repeatedly been exposed to the "ill-gotten fruits" of counterfeits in their daily lives as these items are now circulating in the form of essential products used […]
Singapore Courts Enforce Trade Mark Rights in Healthcare Product Case
Although most trade mark disputes are usually settled at the interlocutory injunction stage, one of the few cases where, despite the grant of an interlocutory injunction, the matter proceeded to trial was recently decided by the High Court in Singapore. The case being OTO Bodycare Pte Ltd v Hiew Keat Foong [2005] SGHC133 concerned the […]
The Cautionary Notice In Myanmar
In Myanmar, there is no Trademark Law. Protection for a trademark can only be obtained by filing an application together with a Power of Attorney and a Declaration of Ownership. The Declaration of Ownership is then registered with the Office of the Registration of Deeds, to which is assigned an application date and number as […]
The Current Approach Of The Judiciary Towards Well-Known Marks In Thailand
The situation concerning the protection and enforcement of well-known marks in Thailand can be rather good despite there being no mandatory provisions that clearly spell out the constitution of a well-known mark. The Courts and Examiners use the prevailing case law as precedents or the Ministerial Notifications as a guideline in deciding what amounts to […]
Highlights on Trade Marks Changes in the Intellectual Property Law of Vietnam
The new Intellectual Property Law of Vietnam has officially come into effect on 1 July 2006. Previously, the provisions pertaining to Intellectual Property were stipulated in Part VI of the Civil Code, and there was no independent legislation on Intellectual Property. The new Law addresses almost every aspect of Intellectual Property protection including trademarks. With […]
New IP Law In Vietnam
A new Intellectual Property Law has been enacted and adopted by the National Assembly in Vietnam on the 19th of November 2005. This new law will be effective on the 1st of July 2006. There are 6 parts in this new law, divided in 18 chapters to comprise a total of 226 articles. Part 1, […]
Vietnam Gearing Towards The World Trade Organisation (WTO)
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 […]