Cambodia’s Department of Industrial Property (DIP) of the Ministry of Industry, Science, Technology and Innovation (MISTI, formerly known as Ministry of Industry and Handicraft – MIH) recently announced changes to the country’s patent renewals system, set to take effect on Wednesday, 14 August 2024. The changes to the patent renewals system entail patent proprietors to […]
Publications
India- What constitutes ‘therapeutic efficacy’ when determining patentability of ‘new forms of known substances’
The Delhi High Court recently rendered a significant decision clarifying the concept of enhanced therapeutic efficacy, when determining the patentability of new forms of known substances. The case involved an appeal by the patent applicant challenging the rejection of their patent application under Section 3(d) of the Patents Act, 1970 (as amended) (the ‘Act’). Section […]
Successful Mediation challenges the archaic notion of “an eye for an eye”
A first successful mediation under the WIPO-Singapore ASEAN Mediation Programme (“AMP”) saw parties amicably settling their dispute in October 2023. Both disputants’ primary business was in eyecare and eye examination. The matter concerned the use of Chew’s Optics (“Party A”)’s registered trade mark(s) under Class 35: Party A had already been utilising the said trade […]
Singapore - Trademark Laws & Generative-AI
In the age of Artificial Intelligence (“AI”) proliferating, disruptions are experienced across industries including service and media. Generative AI (or “GenAI”) is also interluding in the realm of intellectual property (“IP”). Trademark laws, among other IP Laws, are facing new challenges and complexities and require fresher perspectives for improving brand protection, especially in countries like […]
A different Monster
This decision arose from Monster Energy Company’s opposition against the registration of the Application Mark “GENTLE MONSTER” (a word mark) by IICOMBINED Co., Ltd, in Class 9 for “smartglasses”, on the following grounds: That the Application Mark is confusingly similar to its “MONSTER ENERGY” marks, one of which was registered in 2014 in Class 9; […]
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 […]
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 […]