In this last instalment on Thailand’s new customs recordation procedures, please note that addition to the general customs recordation, an Inspection Request may also be filed on a case-by-case basis should the trademark and copyright owners (“IP owners”) suspect any importing, exporting, or transiting goods to be infringing their IP rights. Upon verification of the […]
Thailand’s New Customs Recordation Procedures for Trademark and Copyright – Requirements
Further to our recent post on the reversal of administration of customs recordal to the Royal Thai Customs Department (“Customs”), trademark and copyright owners (“IP owners”) who wish to file customs recordation should take note of the following requirements: Recordation of Registered Trademarks Appointment of a local agent, if the IP owner is a foreigner; […]
Thailand – Adjustment of Minimum Market Value or Damages in Intellectual Property (IP) Infringement Cases
Since its establishment in October 2002, the DSI has been crucial in combating IP infringements in Thailand. Deriving its authority from the Special Case Investigation Act B.E. 2547 (2004) (as amended), the DSI can investigate certain IP-related infringement cases, i.e. copyright, patent, and trademark. There are two main requirements for IP-related infringement cases to fall […]
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 […]
Louis Vuitton Counterfeit Case in Singapore Clarifies Definitions of ‘Import’ and ‘Export’ for Trade Mark Infringement Purposes
In the recent Singapore High Court case of Louis Vuitton Malletier v Megastar Shipping Pte Ltd [2017] SGHC 305, the Court held that a freight forwarder who was unwittingly sent counterfeit goods into Singapore for transshipment was not liable for trademark infringement. The case concerned two shipments from China bound for Indonesia via Singapore. The […]
Mattel, Inc. v Aman Bijal Mehta: A Loss of Face for ‘Barbie’?
“Hi, Barbie….Hi, Ken! Do you wanna go for a ride? Sure, Ken! Jump in…I’m a Barbie girl in the Barbie world……Life in plastic, it’s fantastic! You can brush my hair, undress me everywhere…..Imagination, life is your creation…..Come on, Barbie, let’s go party!……I’m a blond bimbo girl in a fantasy world…..Dress me up, make it tight, […]
Vietnam – Fungicide Infringers Extinguished
In general, administrative actions in Vietnam are initiated by filing a complaint with the Ministry of Science and Technology (MOST) Inspectorate, Market Control Office (MCO), Department of Customs (DC) or Economic Police (EP). The complaining party will submit the following: (i) documentary evidence of ownership of the infringed mark; and, (ii) proof of infringement, including […]
Malaysia – Useful Decision on infringement tests
The High Court of Malaysia recently issued a decision regarding patent and copyright infringement in BT Engineering v with characteristics similar to that of its own. The plaintiff further alleged that the defendant had infringed its copyright through the unauthorized use of photographs and design drawings. The defendant denied the allegations and in turn sought […]
Indonesia Supreme Court Issues New Rules On Search Warrant And Preliminary Injunction (Provisional Decision)
The Supreme Court of Indonesia has issued Regulation No. 5 of 2012 laying down the requirements and procedure for obtaining a Provisional Decision on Intellectual Property Rights Violations. A Provisional Decision in Indonesia has a similar effect as a Search Warrant and Preliminary Injunction against alleged infringers. The new rules took effect on 30 July […]
Malaysia – How directors are personally liable for infringement
In the eyes of the law, a company is a separate legal entity distinct from its members and directors. The acts of a company, including any wrongful acts are attributable to, and liability therefore rests with, the company as a separate entity and not with its members or directors. This principle from the Salomon case […]