The Proposed Draft Geographical Indications Act in Singapore

A geographical indication (“GI”) can be understood to be a sign which when applied to products corresponds with a particular geographical origin attributing certain essential and peculiar qualities or reputation to such products. In essence, a GI performs the function of being an indicator of certain characteristics or reputation or certifying adherence to traditional/ distinctive […]

Myanmar: Updates on Trade Mark Procedures

Whilst the long awaited landmark changes to IP laws in Myanmar are yet to be finalised, the Deed Registration Law 2018 has been enacted by the Union Parliament of Myanmar. The salient features under this law are enumerated herein below: (i) The language of the documents filed must be in the Myanmar Language. (ii) Documents […]

SINGAPORE: IP Office Emphasizes Understanding of Average Consumer in Assessing Similarity

In Monster Energy Company v. NBA Properties, Inc. [Sept. 5, 2018] SGIPOS 16, Monster (the opponent) unsuccessfully opposed registration of NBA’s (the applicant’s) composite mark comprising a circular device bearing the words TORONTO RAPTORS at the Intellectual Property Office of Singapore (IPOS). The opponent relied on its claw device  and composite device against NBA’s application. […]

Postponement Regimen on ‘Patent Working Requirements’ introduced by the Ministry of Law and Human Rights (Indonesia)

Article 20 of Law No. 13 of 2016 on patents that came into effect on August 26, 2016, requires patent holders to “work” their patents in order to support the transfer of technology, investment and/or job opportunities in Indonesia. To comply with the working requirements, patent holders need to implement their patents, for example, by […]

NON-PAYMENT OF OUTSTANDING ANNUITY OBLIGATIONS IN INDONESIA WILL RESULT IN THE REGISTRY’S NON-ACCEPTANCE OF NEW PATENT FILINGS FROM THE SAME PROPRIETOR

On 16 August 2018, the Directorate General of Intellectual Property (DGIP) issued a Circular requiring payment of all outstanding annuities due before 26 August 2016 (the enforcement date of the new Indonesian Patents Law) in respect of abandoned patent cases. This payment is to be made within six (6) months from the date of issuance […]

Singapore Court of Appeal Clarifies Stance on Entitlement to Patent Ownership

The recent decision of the Singapore Court of Appeal in Cicada Cube Pte Ltd v National University Hospital (Singapore) Pte Ltd [2018] SGCA 52 provides much needed clarity on the laws concerning entitlement to patent ownership. The Plaintiff, the National University Hospital (“NUH”), had worked with a software development company, Cicada Cube (“Cicada”), to develop […]

Monster Fails in Another Singapore Trademark Opposition Case

For the fourth time in less than 12 months, Monster Energy Company (‘MEC’) initiated trademark opposition proceedings at the Intellectual Property Office of Singapore (IPOS) with the aim at preventing another party’s registration of a mark containing the word “MONSTER”. In this case, MEC, the proprietor of the mark “MONSTER ENERGY”, challenged its most high-profile […]

Indonesia Trademark Cancellation Fails on Inadequate Documentation

In Yayasan Korpri Banjar v Yayasan Marta Berlian Husada DK (1314 K/Pdt.Sus-HKI/2017) [published 26th April 2018], the Supreme Court of Indonesia upheld a decision of the Commercial Court to reject a trademark cancellation suit. Yayasan Korpri Banjar (“the Plaintiff”) filed for cancellation of the device mark AKBID MARTAPURA (pictured below) held by Yayasan Marta Berlian […]