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 […]
Publications
Myanmar – Update in Trademark Law : April 2023
Following updates to the Myanmar Trademark law in 2019, a soft opening to implement the updates in the law and the new electronic filing system commenced on 1 October 2020, which was expected to last for a period of 6 months until the Grand Opening. On 12 January 2023, the Myanmar Intellectual Property Department (IPD) […]
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 […]
Is a ‘Graphical User Interface’ registrable as a ‘design’ in India?
The Calcutta High Court, in a recent ruling, quashed an order which was issued by the Assistant Controller of Patents and Designs in which a design application for a ‘touch screen’ for a novel surface ornamentation which is a Graphical User Interface (‘GUI’) was refused. Background: The Applicant/ Appellant (Ust Global (Singapore) Pte. Ltd.) had […]
Fair Isaac Corporation v. LAC Co., Ltd [2022] SGIPOS 19
What happens when a later trademark incorporates an earlier one, especially when many other trademarks on the register incorporate the earlier trademark? This decision explores the applicable principles surrounding trademark oppositions involving such facts. The applicant, a major international cybersecurity corporation, sought to register the application mark . The opponent, whose goods and services included […]
Court directs Indian Patent Office to issue reasoned decisions
Lack of proper reasoning in patent decisions by the Indian Patent Office (‘IPO‘) has been a cause for grave concern. In Dolby International AB (‘Dolby’ and/or the ‘Applicant’) v. The Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 10/2021 and I.A. 13552/2021], the Delhi High Court was faced with a similar predicament, and took the opportunity […]
SINGAPORE: Opposition Fails Due to Lack of Evidence of Bad Faith
This decision, which was published on January 26, 2023, shows that to cross the high threshold of proving a claim in bad faith, an opponent must properly substantiate its arguments. Chuan Hong Seng Pte Ltd (applicant) is a company involved in the importation, distribution, and wholesaling of food products. Yap Fei Fei (opponent) was the […]
India- In a landmark ruling, the Delhi High Court clarifies the permissibility of Patent claim amendments
In what can be considered a watershed moment, the High Court of Delhi in Allergan Inc. v. The Controller of Patents, 2023/DHC/515, quashed and set aside an order of the latter (in which the Controller had refused to allow the amendments to the claims which the Appellant had sought), and remanded the matter back to […]
India- Simplicity of an invention should not deter the grant of a Patent
Novelty and inventive step are the essential requirements for the grant of a patent . In an interesting development, the High Court of Delhi, in Avery Dennison Corporation v. Controller of Patents and Designs, CA. 29/2021, has reiterated that the simplicity of an invention should not deter the grant of a patent. Factual matrix: An […]
SINGAPORE: Visual Similarity Wins High Court Judgment for Twitter
This decision from the High Court in Singapore, issued on November 23, 2022, illustrates the delicate balance a tribunal must undertake when assessing the similarity between two device marks. The High Court in Singapore set out the proper approach to understanding and applying the concepts of distinctiveness, and visual and conceptual similarity. VV Technology appealed […]