The Supreme Court of Indonesia, on May 28, 2019, dismissed an appeal (Decision No. 1105 K/Pdt.Sus-HKI/2018) brought by DC Comics against PT Marxing Fam Makmur (respondent). The respondent is in the food and beverage industry, producing and distributing among other things, Superman-themed chocolate wafer biscuits. The appellant, DC Comics, is an American comic book publisher […]
Publications
THAILAND: New Regulations of the Thai Trademark Appeal Board Bring Changes to Procedures and Formalities of Appeals
New regulations of the Trademark Appeal Board B.E. 2561 (2018) (TTAB Regulations) became effective on March 25, 2019. The Thai Trademark Appeal Board (TTAB) was established by Section 95 of the Trademark Act B.E. 2534 (1991) (Act), as amended by Section 18 of the Act, to deal with appeals arising from decisions of the Thai […]
SINGAPORE: Opposition Fails Against Trademark Application by Sumatra Tobacco
In a decision dated April 10, 2019 (CTBAT International Co. Ltd v. N.V. Sumatra Tobacco Trading Company, [2019] SGIPOS 8), CTBAT International Co. Ltd (opponent) failed in its opposition against the registration of trademark application no. 4020151934T (see image below) by N.V. Sumatra Tobacco Trading Company (applicant). Background The opponent filed an application on October […]
Burberry Limited and another v Megastar Shipping Pte Ltd [2019] SGCA 01
Introduction Burberry Limited and Louis Vuitton Malletier (“Appellants”) failed in their action against Megastar Shipping Pte Ltd (“Respondent”), a freight forwarder providing transhipment services for trademark infringement (Civil Appeal No. 237 and 238 of 2017 respectively). Background The goods in question were counterfeit luxury goods in two sealed containers and were being shipped from China […]
SINGAPORE: The Patissier Delivers a Bitter Chocolate for Aalst to Swallow
In a decision dated April 9, 2019, Aalst Chocolate Pte Ltd (applicant) unsuccessfully challenged the validity of a trademark registration for a stylized version of the words “The Patissier” (the subject mark). Aalst Chocolate Pte Ltd v. The Patissier LLP [2019] SGIPOS 7. The applicant is a Singaporean chocolate manufacturer and exporter. The Patissier LLP […]
Patentability of Computer Related or Implemented Inventions (CRIs or CIIs) in Singapore, Indonesia, Thailand, Vietnam, Philippines, and India
Patent legislation and practice in the patentability assessment of computer related or implemented inventions differ from country to country. “Computer Related Inventions” (“CRIs”) or “Computer Implemented Inventions” (“CIIs”) has been given an explicit definition in some countries such as in Philippines and India. These countries both define CRIs or CIIs as those inventions involving computers, […]
Indonesia’s Unique Policy on Payment of Annual Patent Fees
The rules regarding payment of patent annual fees in Indonesia can be said to be rather unique and controversial. Since around year 2013, the Directorate General of Intellectual Property (DGIP) has been aggressively chasing patent owners for their unpaid annual fees even though their patents have been abandoned or deemed “void by law”. The DGIP […]
SINGAPORE: Prerequisites for Marks with Foreign Words or Characters
As of April 15, 2019, trademark applicants in Singapore are no longer required to provide a translation and/or transliteration of foreign words and/or characters that appear in their marks. The Intellectual Property Office of Singapore released Circular No. 4/2019 stating, “This process will be automated and applicants need only to enter all the words and/or […]
Curbing Deliberate Online Falsehoods – A Step in the Right Direction?
As was aptly summarized in the Green Paper entitled “Deliberate Online Falsehoods: Challenges and Implications” published by the Singapore Ministry of Communications and Information and the Ministry of Law, around the world falsehoods are being deliberately spread online, to attack public institutions and individuals, with the aim of sowing discord amongst racial and religious communities, […]
Improvements in the India IP Scene
The US Chamber of Commerce Global Innovation Policy Center (“GIPC”) has recently released its 2018 Intellectual Property Index (“IPI”) in February 2019. India has improved on its previous 2017 position of 44 in 2017 and now ranks at number 36 out of 50 countries. Countries are ranked annually by the GIPC based on their trademark, […]