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 […]
Publications
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 […]
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 […]