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Section 84(3) of the Singapore Patents Act stipulates that post-grant amendment of a patent is allowed only if the amendment does not result in the specification disclosing any additional matter or extending the protection conferred by the patent.
These statutory requirements were further enhanced in the case of Ship’s Equipment Centre ... Read More
09/08/2016henrygoh
In 2009, the Court of Appeal of Malaysia, decided on a landmark case between McCurry Restaurant (KL) Sdn Bhd v McDonald’s Corporation. The case was first brought by McDonald’s in the High Court for passing off against McCurry Restaurant (KL) Sdn Bhd. McDonald’s claimed that the use of the word ... Read More
09/08/2016henrygoh
In Malaysia, the first use of a trade mark is an important consideration when deciding who has priority of ownership or first claim to a trade mark. Unlike some countries like China which recognises first to file system, Malaysia acknowledges the right of the first user of a mark. What ... Read More
09/08/2016henrygoh
The Malaysian Patents Act and Regulations contain provisions for the amendment of patents post-grant. It is a fairly straightforward process, consisting essentially of re-examination by MyIPO. The patent owner files a request with MyIPO, together with the desired amendments. These are examined by an Examiner at MyIPO. Subject to the ... Read More
09/08/2016henrygoh
TM Application and Registration
Trade mark protection in Malaysia enjoyed one of its most buoyant years in 2015. With a record high of nearly 36,000 trade mark applications being filed, it is heartening to note that the upward trend of filing for registration is continuing. Interestingly, from a total of 35,923 ... Read More
09/08/2016henrygoh