We are excited to share with you the highlights of the changes to the Malaysian Trade Marks Act (“Amended TMA”) which is currently tabled for its third and final reading before the Malaysian Parliament when it sits in October 2019. The salient features of the Amended TMA are as follows: 1. Accession to the Madrid […]
Publications
Singapore – Post-grant Patent Amendments Refused in Hitachi Case
In a recently decided case, Singapore Shipping Association and Association of Singapore Marine Industries v Hitachi, Ltd. and Mitsubishi Shipbuilding Co. Ltd. [2019] SGIPOS 5, the Registrar of Patents of the Intellectual Property Office of Singapore (IPOS) refused post-grant amendments to the claims of Singapore Patent No. 159788 under Section 83(1) of the Patents Act, […]
SINGAPORE: Tobacco Plain Packaging Law Becomes Effective July 2020
Since the introduction of measures regarding standardized packaging for all tobacco products by Singapore’s Ministry of Health (MOH) in October 2018, and the passing of the amendments to the Tobacco (Control of Advertisements and Sale) Act in March 2019, the MOH has introduced a subsidiary legislation to implement the new packaging and labeling requirements for […]
Indonesia: Well-Known Mark Triumphs over Registered Trademark in Indonesia
Dewi Nilasari (appellant), a local entrepreneur, failed to retain proprietary rights to the NOVEC 1230 mark after the Indonesian Supreme Court dismissed her appeal in Decision No. 160 K/Pdt.Sus-HKI/2019 on February 21, 2019. The appellant registered her mark in 2013 in Classes 9 (IDM000487501), 35 (IDM000487594), and 38 (IDM000487620). In 2016, the application by 3M […]
Philippines – IPOPHL Clarifies Rules for Filing Divisional Patent Applications
On 1 September 2018, the Intellectual Property Office of the Philippines (“IPOPHL”) issued a Memorandum Circular No. 18-0031 setting out the conditions and considerations when filing a divisional patent application in the Bureau of Patents (“BOP”). According to rules 610 and 611 of the Revised Implementing Rules and Regulations2 (Revised IRR), an applicant can file […]
Singapore: Lutong Defeats the Slippery Slope of Adidas
Taiwan-based Lutong Enterprise Corp. and Adidas International Marketing, competitors from different ends of the world, crossed swords over the use of their respective marks before the Intellectual Property Office of Singapore (“Adidas International Marketing BV v Lutong Enterprise Corp [2018] SGIPOS 12”). Adidas is a household brand name that was founded in Germany in 1920 […]
Singapore – IPOS Accelerates Grants of Artificial Intelligence (AI) Patent Applications
The Intellectual Property Office of Singapore (“IPOS”) launched an Accelerated Initiative for an Artificial Intelligence (“AI2”) programme that became effective on 26 April 2019. This AI2 programme speeds up the file-to-grant process for Artificial Intelligence (“AI”)-related patent applications to merely 6 months instead of the usual 2 to 3 years. According to IPOS, the AI2 […]
Malaysia Update: Swiss-Type Second Medical Use Claims Patentable in Malaysia
The acceptance of second medical use claims in “Swiss-Type” claim format has attracted significant attention internationally as different jurisdictions vary in their approach. In Merck Sharp & Dohme & Anor v Hovid Bhd , the issue was first raised in the High Court (Civil Trial No. 22IP-71-12/2014) where the Appellants initiated an infringement action against […]
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 […]