On 1 April 2007, significant rule changes came into force within the Patent Cooperation Treaty (PCT). These new changes brought the PCT more in line with the Patent Law Treaty (PLT) and provided applicants filing under the PCT with significant new protections and tools. In this article, we will examine two of the new provisions […]
Singapore Copyright - One man’s rubbish is another man’s treasure
The facts of the recent Singapore Court of Appeal case of Obegi Melissa and Others v Vestwin Trading Pte Ltd [2008] SGCA 4 were as follows. The defendants were judgment creditors of the plaintiffs. The defendants filed affidavits exhibiting documents (which the plaintiff claimed were confidential) to enforce a New York judgment against PT Indah […]
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 […]
India Patent Filing
India patent filing requirements request that a patentable invention: must not be obvious must be novel must not previously have been published in any country must be a new and useful substance produced by manufacture e.g: art process method of manufacture machine apparatus or other article Inventions not patentable in India are those: that are […]
India Patent law – Interpretation of section 3(d)
A high profile patent infringement case is pending before the Delhi High Court. The suit has gained much media attention because it could formulate new rules for the subject matter inquiry under the amended Section 3(d) of the Patents Act, 1970 (IPA). The battle between Roche, a Swiss pharmaceutical giant and one of India's biggest […]
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 […]
Singapore - Intellectual Property Exploitation – a case in Parallel Import
The issues examined in the case Hawley & Hazel Chemical Co. (s) Pte Ltd v Szu Ming Trading Pte Ltd [2008] SGHC 13 will determine whether there should be a legal or contractual obligation on the part of the licence grantor to limit the influx of parallel imports that a licensee or distributor might face […]
Local Working of Patents in India
There is a requirement to file a statement of information (Form 27) regarding the working of a patent in India. The working of a patent means the commercial exploitation of the invention that is embodied in the patent. These statements can be supplied every financial calendar year, within three months of the end of each […]