A geographical indication (“GI”) can be understood to be a sign which when applied to products corresponds with a particular geographical origin attributing certain essential and peculiar qualities or reputation to such products. In essence, a GI performs the function of being an indicator of certain characteristics or reputation or certifying adherence to traditional/ distinctive […]
Publications
Myanmar: Updates on Trade Mark Procedures
Whilst the long awaited landmark changes to IP laws in Myanmar are yet to be finalised, the Deed Registration Law 2018 has been enacted by the Union Parliament of Myanmar. The salient features under this law are enumerated herein below: (i) The language of the documents filed must be in the Myanmar Language. (ii) Documents […]
SINGAPORE: IP Office Emphasizes Understanding of Average Consumer in Assessing Similarity
In Monster Energy Company v. NBA Properties, Inc. [Sept. 5, 2018] SGIPOS 16, Monster (the opponent) unsuccessfully opposed registration of NBA’s (the applicant’s) composite mark comprising a circular device bearing the words TORONTO RAPTORS at the Intellectual Property Office of Singapore (IPOS). The opponent relied on its claw device and composite device against NBA’s application. […]
Postponement Regimen on ‘Patent Working Requirements’ introduced by the Ministry of Law and Human Rights (Indonesia)
Article 20 of Law No. 13 of 2016 on patents that came into effect on August 26, 2016, requires patent holders to “work” their patents in order to support the transfer of technology, investment and/or job opportunities in Indonesia. To comply with the working requirements, patent holders need to implement their patents, for example, by […]
NON-PAYMENT OF OUTSTANDING ANNUITY OBLIGATIONS IN INDONESIA WILL RESULT IN THE REGISTRY’S NON-ACCEPTANCE OF NEW PATENT FILINGS FROM THE SAME PROPRIETOR
On 16 August 2018, the Directorate General of Intellectual Property (DGIP) issued a Circular requiring payment of all outstanding annuities due before 26 August 2016 (the enforcement date of the new Indonesian Patents Law) in respect of abandoned patent cases. This payment is to be made within six (6) months from the date of issuance […]
Singapore Court of Appeal Clarifies Stance on Entitlement to Patent Ownership
The recent decision of the Singapore Court of Appeal in Cicada Cube Pte Ltd v National University Hospital (Singapore) Pte Ltd [2018] SGCA 52 provides much needed clarity on the laws concerning entitlement to patent ownership. The Plaintiff, the National University Hospital (“NUH”), had worked with a software development company, Cicada Cube (“Cicada”), to develop […]
Singapore – Similarity of Trade Marks Between Apple and Swatch Dismissed
In Apple Inc. v Swatch AG (Swatch S.A.) (Swatch Ltd.) [2018] SGIPOS 15, Apple Inc. (the ‘Opponent’) opposed the application to register the mark ‘Tick Different’ (the ‘Application Mark’) in Classes 9 and 14 made by Swatch AG (‘the Applicant’). The Opponent contended that the mark’s registration should be refused due to similarity with its […]
Singapore Trademark Revocation: Athleta Cannot Escape on Foot
In Bigfoot Internet Ventures Pte. Ltd. v Athleta (ITM) Inc. [2018] SGIPOS 10 (decision issued 2nd July 2018), a Singapore-registered trade mark held by a large American clothing conglomerate was partially revoked on grounds of non-use. The mark “ATHLETA” (the “Proprietors’ Mark”), owned by Athleta (ITM) Inc. (“the Proprietors”) – a wholly-owned subsidiary of US […]
Monster Fails in Another Singapore Trademark Opposition Case
For the fourth time in less than 12 months, Monster Energy Company (‘MEC’) initiated trademark opposition proceedings at the Intellectual Property Office of Singapore (IPOS) with the aim at preventing another party’s registration of a mark containing the word “MONSTER”. In this case, MEC, the proprietor of the mark “MONSTER ENERGY”, challenged its most high-profile […]
Laos – Patent, Design and Plant Variety Opposition Procedures Now Available
Laos’s new Law on Intellectual Property No.38/NA of November 15, 2017 was published electronically in the Laos official gazette on May 25, 2018, and became effective 15 days subsequent to its publication. This supersedes the previous Law on Intellectual Property No. 01/NA dated December 20, 2011. The new legislation brings reform to a variety of […]