Further to the numerous changes introduced via Decree 65 on 23 August 2023 (https://www.mirandah.com/vietnam-updates-in-trade-mark-law/), the Vietnamese Government has on 30th November 2023 issued Circular No.23/2023/TT-BKHCN (hereinafter “Circular 23”) making more amendments to the Vietnam Intellectual Property (“IP”) laws, aimed at providing guidance for implementation, and aligning IP practice as a result of changes to the […]
Publications
India- High Court sheds light on the use of trademarks as keywords in ads
One of the most widely used approach by organizations to boost their online visibility is promoting their business by using keywords in the Google Ads Program. In a recent decision, the Delhi High Court had to consider and decide whether the use of a registered trademark as a keyword, constitutes infringement. MakeMyTrip (India) Private Limited […]
ASEAN – Launch of Official Intellectual Property Register
On 20th August 2023, ASEAN, having collaborated with the World Intellectual Property Organization (WIPO), officially launched the ASEAN Intellectual Property Register (“ASEAN IP Register”). This ASEAN IP Register is intended to act as a consolidated one-stop information portal that allows IP professionals and interested parties to conduct trademark, patent, and design searches from all 10 […]
Classical trinity of passing off analyzed
The Intellectual Property Office of Singapore (IPOS) decision in ZERODENSITY YAZILIM ANONIM SIRKETI v. Novel Brands USA LLC clarifies the law of passing off in Singapore and discusses the “classical trinity” test in establishing passing off. Background Novel Brands USA LLC (the applicant) is a company incorporated in Delaware, United States. The applicant had designated […]
SINGAPORE: Prosecco, Geographical Indications, and the Likelihood of Deception
In this decision, the Court of Appeal held that sufficient evidence must be shown to demonstrate that a geographical indication (GI) was likely to deceive the Singaporean buyer as to the source of the product that the GI denotes, so as to render that GI unregistrable. The decision was issued on November 8, 2023. The appellant […]
THE WELL-KNOWN STATUS OF TRADEMARK CAN BE A DETERMINING FACTOR IN THE SUCCESSFUL LAWSUIT CONCERNING TRADEMARK INFRINGEMENT, EVEN IF THE GOODS/SERVICES ARE IN DIFFERENT CLASSES
The recognition of a trademark can determine the success of canceling a trademark that has actually been registered earlier in the territory of Indonesia. This was demonstrated by Starbucks Corporation against Sumatra Tobacco Trading Company (“STTC”), one of the local conglomerate companies. In October 2023, STTC filed a Judicial Review of a Cassation Decision that […]
IPOS Extended Anew Its Patent Acceleration Initiative under ASPEC AIM Programme
The Intellectual Property Office of Singapore (IPOS) has recently further extended its patent acceleration program, the ASPEC Acceleration for Industry 4.0 Infrastructure and Manufacturing Pilot (ASPEC AIM) Programme until 26 August 2025. This extension allows patent applicants in the ASEAN region to continue benefiting from an accelerated examination procedure for their Industry 4.0 inventions. ASPEC […]
India- Pathbreaking ruling by the High Court- Patentability of an invention relation to foetal genomic analysis from a maternal biological sample
In a recent decision of the High Court of Madras, in the Chinese University of Hong Kong and Sequenom, Inc. (“Appellants”) v. The Assistant Controller of Patents and Designs (“Respondent”), CMA (PT) No.14 of 2023, the Court had the opportunity to delve into the nuances of Section 3(i) of the Indian Patents Act, 1970 (as amended) (the […]
Clarity in scope of remedies in claim of breach of confidence: Amber Compounding Pharmacy Pte Ltd and another v. Lim Suk Ling Priscilla and others
This Singapore High Court decision arose from the preliminary determination of an issue in law – specifically, whether the plaintiffs were entitled to simultaneously claim for both wrongful gain interest and wrongful loss interest. The defendants previously admitted to unauthorized copying and access, and breach of confidence in respect of the plaintiffs’ confidential information. In relation to […]
Vietnam – Changes to Trademark Law and IP Enforcement
Vietnam Decree No. 65/2023/ND-CP (Decree 65) took effect on 23 August 2023. Decree 65 represents the latest state of IP rights establishment and enforcement in Vietnam. Decree 65 provides guidance on the implementation of the Intellectual Property Law 2022 (the IP Law), particularly in the realms of IP registration and enforcement. In brief, Decree 65 […]