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 […]
Publications
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 […]
Singapore Launches a New “Local Produce” Logo to Boost Local Food Production and Support
The Singapore Food Agency (SFA) aims to raise awareness on food security issues by focusing on the Singapore Food Story. In doing so, SFA has launched a new local produce logo which will be found on packaging and selected marketing collateral to promote local produce. The "SG Fresh Produce (SGFP)" logo was created in consultation […]
Singapore accedes to Locarno Agreement on Industrial Designs
On March 19, 2020, Singapore became the 58th member to join the Locarno Agreement, an international agreement on classification of industrial designs. The Locarno Agreement, also known as the Locarno Classification, is a multilateral treaty administered by the World Intellectual Property Organization (WIPO). It will be recalled that Singapore deposited its instrument of accession to […]
Advertising Standards Authority of Singapore Comments on the Rise in Feedback by Stakeholders and the Increasing Number of High-Profile Ad Complaints
The Advertising Standards Authority of Singapore (‘ASAS’), which was set up in 1976 to inter alia promote ethical advertising in Singapore, has played a crucial role over the years. Its importance and significance, as the self-regulatory body of the advertising industry, have increased manifold in the past few years. The ASAS has also been pro-actively […]
Singapore: A Shining Example of Passing Off
The following decision issued on April 2, 2020, appears to go against Singapore’s first-to-file system and highlights the fact that prior rights (if any) in Singapore can be protected under the tort of passing off under the Trade Marks Act (TMA). Golden Cala Trading EST (applicant), incorporated in Saudi Arabia, applied to register the LENSME […]
Phase 2 of Enhanced IP Border Protection Measures under the EU-Singapore Free Trade Agreement
On 21 November 2019, the second phase (Phase 2) of enhanced IP border enforcement measures under the Intellectual Property (Border Enforcement) Act 2018 (IPBEA) came into effect upon the entry into force of the EU-Singapore Free Trade Agreement (the EUSFTA). The IPBEA was enacted following the conclusion of the EUSFTA in 2014 by which Singapore […]
Advertising Standards Authority of Singapore Issues Advisory on Advertisements of Health Products During COVID-19 Pandemic
Whilst the COVID-19 (Coronavirus Disease 2019) pandemic continues to upset every sphere of human activity in an unprecedented manner, the Advertising Standards Authority of Singapore (‘ASAS’) has noted that some local consumer-facing enterprises have attempted to aggressively advertise products and services that are intended for personal health and protection. While ASAS is heartened to note […]
“Provision of news” (Circular No. 5/2020, dated 18 May 2020)
On 18th May 2020, The Intellectual Property Office of Singapore (“IPOS”) issued its Circular No. 5/2020 superseding its earlier Circular No. 19/2004 dated 3 September 2004 with immediate effect. Circular No.19/2004 stated that for applications lodged on or after 10 September 2004, the Registrar would not accept a specification consisting of the item “provision of […]