Publications

AMENDMENTS TO TRADEMARK IN CIRCULAR NO.23/2023/TT-BKHCN

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 […]

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 […]

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 […]