Customs recordation has always been an important border protection measure that Intellectual Property (IP) owners can employ for enforcement purposes in Thailand. In the past IP owners would file customs recordation directly with the Royal Thai Customs Department (Customs), by recording their trademark information as well as the names of their authorised importers for Customs […]
Louis Vuitton Counterfeit Case in Singapore Clarifies Definitions of ‘Import’ and ‘Export’ for Trade Mark Infringement Purposes
In the recent Singapore High Court case of Louis Vuitton Malletier v Megastar Shipping Pte Ltd [2017] SGHC 305, the Court held that a freight forwarder who was unwittingly sent counterfeit goods into Singapore for transshipment was not liable for trademark infringement. The case concerned two shipments from China bound for Indonesia via Singapore. The […]
New Indonesian Customs Regulation for Protection of IP Rights
The Indonesian Government has recently implemented legislation to assist IP owners to enforce their copyrights and trademarks. The Regulation (No. 20 of 2017) came into force on August 2, 2017. The new Regulation provides that IP owners with rights registered in Indonesia may apply for customs recordal to the Directorate General of Customs and Excise […]
Vietnam – Fungicide Infringers Extinguished
In general, administrative actions in Vietnam are initiated by filing a complaint with the Ministry of Science and Technology (MOST) Inspectorate, Market Control Office (MCO), Department of Customs (DC) or Economic Police (EP). The complaining party will submit the following: (i) documentary evidence of ownership of the infringed mark; and, (ii) proof of infringement, including […]
Jail For Lady Counterfeiter In Manila
There are rare occasions by which a criminal case is filed for violation of the Intellectual Property Code of the Philippines (Republic Act No. 8293). But in those rare occasions, the Philippine courts do not hesitate to sink their teeth in deeply and put the counterfeiter behind bars. After more than a decade of legal […]
Thailand – Curbing The Counterfeiters
While Thailand has been on the Priority Watch List of the Office of the USTR Special 301 Report since 2007, the Royal Thai government has remained steadfast in its commitment to stronger protection and enforcement of Intellectual Property rights. The Special 301 Report has noted the positive actions undertaken by the Thai government in this […]
Philippines – Pirates And Counterfeiters: Beware of ‘Oplan Holistic’
On June 21, 2008, the Philippines’ National Committee on Intellectual Property Rights (NCIPR) was set up to strengthen the efforts of the Philippine government in curbing piracy and counterfeiting. The Committee is composed of the Department of Trade and Industry (DTI) as chair and the Intellectual Property Office (IPOPHL) as vice-chair and other member agencies […]
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 – How To Take Action Against Counterfeits
Owners of trade marks face a difficult choice when they learn that their products have been counterfeited and are being sold in Malaysia. The recommended course of action is to conduct an investigation by an authorized private investigator to find out who is producing or selling the counterfeit product and obtain a trap purchase. Through […]
Border Enforcement Measures Increase The Protection Of IP Rights In The Philippines
In its attempt to administer the implementation of state policies on the protection, utilization and enforcement of Intellectual Property Rights (IPRs) in the Philippines, the Intellectual Property Office of the Philippines (IP Philippines) convened the Intellectual Property Rights Enforcement Action Panel (IP-REAP) in 2002. This panel, a joint government and private sector body, was established […]