In IEV International Pty Ltd v Sadacharamani a/l Govindasamy [2008] 2 MLJ 754, the High Court of Malaysia considered the issue of novelty in relation to improvements made to an existing patent right and whether to allow a patent invalidation action brought by the original patentee. BACKGROUND FACTS The Plaintiff in this case, IEV International […]
Publications
India - Geographical Indication or Certification Mark To Overcome Wrongly Registered Trademark - Ponni
In April 2008, the Government of India banned the export of non-basmati rice (all forms of rice grains that are not the variety of long grain rice). The export ban also covered polished rice usually consumed by diabetic patients to control their intake of sugar in their meals. Such a decision effectively was a severe […]
The on going battle against counterfeit anti-malaria drugs in South East Asia
In February this year, it was revealed that the International Criminal Police Organisation (INTERPOL) with the help of scientists and health workers from the World Health Organization (WHO) and Wellcome-Trust University of Oxford Tropical Medicine Research Programme, and the co-operation of Chinese authorities have uncovered a massive counterfeit anti- malaria drug syndicate, based in southern […]
Asia taking the lead in International Patent Filings
28 April 2008 - MIP WEEK Asian economies are setting a considerable pace in their leading growth in terms of international patent filings. Internationally there is still a healthy growth in the patent system, with an exceptionally strong presence from some of the Asian countries. A 4.5% growth in applications filed using the Patent Cooperation […]
Malaysia Trademarks – What constitutes ‘Actual Use?’
In the Malaysian case of Godrej Sara Lee Ltd v Siah Teong Teck & Anor (Part 2) [2007] 7 MLJ 164, the High Court dealt with the issue of non-use of a trademark and its removal from the Register. The Applicant in this case who was a manufacturer of consumer goods sought to apply for […]
“Person Aggrieved”: A stricter test in Malaysia
The Court of Appeal in Malaysia has had occasion to recently consider the issue of what constitutes a person aggrieved in the context of the expungement of a trade mark from the Register. This is of importance as section 45 of the Trade Marks Act ("the Act") provides that an application to rectify the Register […]
Trademarks in Malaysia – The position of Well-known marks
As a result of being a member of the Paris Convention and the TRIPs Agreement, Malaysia amended its Trade Mark Act 1976 to incorporate its international obligations to protect well-known marks in 2001.The following protection was extended for well-known marks in Malaysia under the Trade Marks Act 1976: - In respect of same goods or […]
Asian Countries fight copyright infringement
The attempt to combat piracy in the ASEAN region seems like an up-hill task. It has reached the point that potential investors are more concerned about whether their IP rights will be protected as opposed to where the most profit can be made. Thus, Asia is regarded as a destination to be explored with great […]
Malaysia - Where is the love? – a saga in copyright!
Malaysia's neighbor Indonesia; with whom it shares close cultural links has accused Malaysia of stealing its cultural heritage. The events came about following an advertisement in Malaysia's overseas tourism campaign by the Malaysian Tourism Board featuring the traditional folk song "Rasa Sayang" loosely translated as the "feeling of love", as its theme song. Indonesia claims […]
Malaysia cracks down on software piracy
Machines producing illegal Disc Copies As Malaysian government officials reinforce their aim to curb piracy by setting example, another recent incident proved their genuineness. Although the battle to combat piracy in order to protect intellectual property is a difficult one, Malaysia is on the right track. Fourteen machines worth RM42 million (US $13 million) that […]