In Diesel S.P.A. v. Bontton Sdn Bhd [2020] MLJU 715, the Malaysian Court of Appeal was faced with, inter alia, the novel issues of, firstly, whether the court has discretionary powers under Malaysian law and/or an inherent jurisdiction to grant a negative declaration in respect of infringement, and, secondly, whether it should grant recognition of […]
Publications
Thailand’s Department of Intellectual Property (DIP) issue a new “Fast Track System” for Trademark Registration and Trademark Renewal
As per the recent Department of Intellectual Property (DIP)’s Declaration, the DIP has announced a Fast Track system for (1) Trademark Registration and (2) Trademark Renewal (effective from 23th February 2021), which can be summarised as follows: Trademark Registration Fast Track System– The usual timeframe for Trademark Registration as per the DIP Manual (as issued […]
Singapore: “Champengwine” application denied due to the grounds of bad faith
“CHAMPAGNE,” in connection to wines, is a geographical indication that it is produced through certain local requirements and is grown from specific regions in France. Keep Waddling International Pte. Ltd (the applicant) and its related companies have been using the trademark “PENGWINE” as their house-mark for their wines originating from Chile since April 2004. These […]
Gromark Consumers Enterprise & GK Laboratory (Asia): IP mediation
The Intellectual Property Office of Singapore (IPOS) recently had a successful mediation in October 2020, where the parties reached a mutually beneficial outcome that met the commercial concerns of both of them in a span of just eight hours. This success is enhanced by the fact that the dispute involved questions of intellectual property rights […]
MYANMAR: Update on Trademark Law Soft Opening
Steps are now underway to putting into practice Myanmar’s new Trademark Law, which passed on January 30, 2019. During the current soft opening period, trademark owners have exclusive access until at least March 2021 to re-file their trademarks in Myanmar electronically with the Department of Intellectual Property and obtain an earlier filing date, prior to […]
Untrue Promotions of “Daily Deals” Now Ceased at Expedia Singapore’s Website
The misleading promotional activities on Expedia Singapore’s website has now halted, thanks to the competition watchdog, the Competition and Consumer Commission of Singapore (“CCCS”). BEX Travel Asia (“BEX”), the website operator of Expedia Singapore, has put an end to its misleading promotions after the investigation by CCCS about its unfair practices. The “Daily Hotel Deals” […]
Valentino S.p.A loses to Matsuda & Co. over dispute in trademark name ‘Valentino’
Choosing a trademark for businesses comes with a risk, whether it is a given name, a surname, or a combination of the two. It is because others may be able to use these names in good faith without impinging upon the trademark owner’s rights. The more common the name, the more likely it is to […]
A second-round victory for brand drug owners against generics who fail to declare relevant patents under Singapore’s patent linkage regime
Proprietors of brand-name drugs may heave another sigh of relief as the Singapore Court of Appeal in Zyfas Medical Co (Sued as a firm) v. Millennium Pharmaceuticals, Inc [2020] SGCA 84 re-affirmed its holding in Millennium Pharmaceuticals, Inc v. Drug Houses of Australia Pte Ltd [2019] SGCA 31 (the DHA decision) rejecting an overly-restrictive interpretation […]
Salient points concerning the law of anticipation in the case of Element Six Technologies Ltd v. IIa Technologies Pte Ltd.
On February 7, 2020, the Singapore High Court reported its decision in the case of Element Six Technologies Ltd v. IIa Technologies Pte Ltd. [2020] SGHC 26, which treated various issues pertaining to novelty, priority date and anticipation. In particular, there are several interesting points in the decision concerning the law of anticipation which will […]
Rolex S.A. v. FMTM Distribution Ltd [2020] SGIPOS 6
FMTM Distribution Ltd (the applicant) is a company selling high-end luxury watches. The applicant applied to protect the trademark “MARINER” (the application mark) in Singapore on February 5, 2016, under Trade Mark Application No. 40201602064R in Class 14. Rolex S.A. (the opponent) is a watchmaker established in 1905, based in Geneva, Switzerland. The opponent has […]