TM Legal Snippets
Ch’ng Kim Chye & Anor t/a Lam Soon Huat v SP Yam Huat Sdn Bhd [2019] 10 MLJ 562 The Plaintiff is the common law owner of the following trademarks in respect of tobacco products. The Defendant is the registered…
Newsletters
Industrial Designs in Malaysia
An industrial design consists of the creation of a shape and configuration, or a pattern and ornamentation in two- or three-dimensional form containing aesthetic value that is used to produce a product, industrial commodity or handicraft. Processing of industrial design…
A Change Would Do Us Good
After close to a decade of intermittent discussions, proposals, referendums and making up for lost time between the powers-that-be and stakeholders, the new Trademarks Bill (and soon to be Act) of 2019 finally see the light of day. This would…
Patentability of Computer-Related Inventions in Malaysia
The patent-eligibility of computer-related inventions is a hot topic worldwide. The situation is seemingly forever in flux as the courts and patent offices around the world develop case law on the subject and constantly update their official practice. We are…
A Bintang Is Born
In Heineken Asia Pacific Pte Ltd v Super La Via Sdn Bhd [2019] MLJU 117, the Plaintiff is a company incorporated in Singapore and part of the Heineken Group which produces, packages, distributes, markets and sells more than 50 acclaimed beer, non-alcoholic…
Geographical Indication (“GI”) Legislation in Singapore
Following the European Parliament’s consent for the European Union-Singapore Free Trade Agreement (EUSFTA), the Registry of Geographical Indications was launched by the Intellectual Property Office of Singapore to allow registration of geographical indications (“GIs”) effective from 01 April 2019. Prior…
The Unitary Patent System and what it means to Malaysian Applicants filing applications in South East Asia
For Malaysian applicants who have substantial business interest in Europe, the most popular and cost-effective route to secure patent protection in Europe has always been the application of a European Patent. A single application filed at the European Patent Office,…
MyIPO – CNIPA Patent Prosecution Highway (PPH) Program
On 01 July 2018, the Intellectual Property Corporation of Malaysia (MyIPO) commenced a Patent Prosecution Highway (PPH) pilot program with China’s National Intellectual Property Administration (CNIPA), formerly SIPO. This pilot program will run for an initial trial term of three…
Courts (Singapore) Pte Ltd v Big Box Corporation Pte Ltd [2018] SGHC 81
Background The “BIG BOX” word mark (“the Mark”) was registered by Big Box Corporation (“the Proprietor”) in Singapore under Class 35 on 26 January 2005 (“Application Date”). The Applicant, Courts (Singapore) Pte. Ltd. (“the Applicant”), opened a retail warehouse and…
Your Registered Trade Mark Might Be At Risk!
Trade mark registration is important to protect your brand from being misused by a third party. Once a mark has been registered with the Intellectual Property Corporation of Malaysia (MyIPO), the registered proprietor of the mark will be granted various…
Has the Bubble Burst? TEALIVE’s (CHA)Time of Reckoning
It has been more than a year since the High Court’s decision (for a refresher of the case please click ) and both parties have kept themselves extremely busy both on the business and legal front. Will Group Sdn Bhd, who…
Singapore – FinTech Fast Track
IPOS has launched an initiative designed to accelerate file-to-grant process for patents relating to financial technology (FinTech) and support growth of FinTech innovations in Singapore. It is also in line with Singapore’s move to become a Smart Nation and its…