Patents and trade secrets seem like opposite sides of a scale. Trade secrets derive their legal protection from their inherently secretive nature whereas patents can only be protected through disclosure of the invention – the specification in a patent application must describe the invention in a manner that would enable ... Read More
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What are parallel imports? The court in Tien Ying Hong Enterprise Sdn Bhd v Beenion Sdn Bhd [2010] 8 MLJ 550 stated that parallel imports refer to goods, which are lawfully manufactured overseas but imported and distributed in Malaysia by a person other than the registered proprietor of the trade ... Read More
In the case of Ceramiche Caesar Spa v Caesarstone Sdot-Yam Ltd [2017] SGCA 30, the Singapore Court of Appeal had to consider, inter alia, whether Caesarstone Sdot-Yam Ltd.’s (“Caesarstone”) trademark “CAESARSTONE” in Class 19 was similar to Ceramiche Caesar SpA’s (“Ceramiche”) “CAESAR” trademark registered earlier in Class 19 and decide ... Read More
One of the requirements for a trademark to be registered in Malaysia is that the mark or device has to be used in the course of trade. This raises the issue as to what would constitute ‘in the course of trade’. An elucidation on its definition was raised in the ... Read More
While the courts of the Malaysian capital Kuala Lumpur remain the centre of gravity for IP disputes, it is encouraging to note growth in the number and scope of cases being decided in other states across the country. A recently reported decision of the Ipoh High Court makes for an ... Read More