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 - Trade Description Order for trade mark infringement
In Malaysia a trade mark owner can enforce his rights in a number of ways. A effective means of enforcement against an infringer of a trade mark or a person liable for passing off, would be to obtain a Trade Description Order (TDO). This is provided by virtue of section 16 of the Trade Description […]
Singapore - Copyright Infringement Confirmed As Copyright Infringement Suit of a Virtual Map Runs Its Course
A long running legal saga has now come to an end with the Singapore Court of Appeal's decision that Virtual Map (VM) had no further right to appeal against the High Court's decision finding them guilty of infringing the Singapore Land Authority's (SLA) copyright in it's street directory vector data and it's address point vector […]
Thai Court Rules Against Patent Infringement: Distributor Succeeds In Obtaining Rights To Trade Name
In the recent Thai case of Visit Taksapiboon v Modern Technique Lock Co., Ltd (Case No. 57/2007), the Central Intellectual Property and International Trade Court (CIPITC) considered a claim of patent infringement and a counter-claim against the Plaintiff for invalidation of the patent as well as a challenge against the Plaintiff's rights to use an […]
Singapore - Louis Vuitton gets tough on local retailer
Leading luxury and fashion goods company Louis Vuitton won a High Court judgment against a Hong Kong based watch retailer, City Chain, for trademark infringement in Singapore. LV's issue was with certain watches sold by City Chain under its Solvil brand. LV believes that City Chain were infringing on its trademark, a flower with four […]
Singapore Copyright Infringement – Karaoke operators to pay copyright fees
Recently, Karaoke operators in Singapore were confused when the Composers and Authors Society of Singapore (COMPASS) informed them that they violated copyright laws, as they did not have legal permission to copy the music and lyrics of composers into their karaoke-on-demand (KOD) systems. KOD systems are generally automated databases of digitized karaoke and music videos, […]
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 […]
Singapore Copyright Infringement Online TV show recording service sued by Broadcasting Company
An internet start up launched its online service RECORDTV in July 2007, allowing Singaporeans for the first time to record free-to-air TV shows aired by Mediacorp, Singapore's only broadcasting company, over the Internet. Founders Carlos Fernandes and Varsha Jagdale bought out an American company which had pioneered the service in the late 1990s. Using this […]
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 Patent Infringement - The purposive approach as defined in Kirin-Amgen upheld
Since the signing of the Free Trade Agreement (U.S. – Singapore Free Trade Agreement) in May 2003 between Singapore and the United States, exports from the United States to Singapore have "exploded", and trading between both countries has increased substantially in the years succeeding the signing. Due to the specific nature of intellectual property rights […]