US-Indian IP Pact Boosts Cooperation

Bilateral trade between India and the US has increased exponentially over the past two decades, and gathered a full head of steam last year. In March 2006, US president Bush visited India for a meeting with prime minister Manmohan Singh on increased global partnership between the two nations. This was well received and very successful. […]

India – Are We TRIPs Compliant Yet?

In last five years, the Indian parliament has amended the patent law twice. Despite the government’s efforts to make the patent law compliant with the TRIPs Agreement, the international community’s qualms about India’s patent law remains unchanged. The debate on TRIPs compliance is heating up again since the publication of a report on various patent […]

India – A Case Study on Copyright

In Radio Today Broadcasting Ltd v Indian Performing Rights Society 2007 (34) PTC 174 (Cal), Radio Today Broadcasting, the petitioners, plan to run a radio station through the FM band with the name Radio Today. They applied for a licence from the central government and also secured a provisional licence. The petitioners’ intent is to […]

Malaysia Trade Marks and Open Source Software

Source codes of open source software are developed and distributed through licences known as the general public licence (GPL). However, the trade marks of the software developers are not distributed along with these source codes. While distributors’ brands and trade marks belong to them, the underlying source code belongs to the open source community. Therefore, […]

Malaysian Patents Act evolves

The Malaysian Patents Act 1983 and Patents Regulations 1986 have recently been subjected to several amendments in view of developments in the nation’s patent scene. One of the most important amendments to the Act is the amendment to Section 34 pertaining to public inspection of files relating to patent applications. In line with the practices […]

Malaysia – Acushnet Obtains Summary Judgment

US golf equipment manufacturer Acushnet, which owns the Titleist trade mark in Malaysia, has managed to obtain summary judgment against a local company in the case Acushnet Company v Metro Golf Manufacturing Sdn Bhd [2006] 7 CLJ 557. The proceedings began in 2004 when, following the discovery of documents incriminating the defendant, the enforcement division […]