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10 things you need to know about the malaysian patent grant process

10 Things You Need to Know about the Malaysian Patent Grant Process

The processes for allowance and grant of patents in Malaysia differ significantly from those in many other jurisdictions. They are a common source of confusion and uncertainty. So, here are ten pointers that should help clarify the local practice. 1.…

balancing patents and trade secrets getting the best of both worlds

Balancing Patents and Trade Secrets – Getting the best of both worlds

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…

issues revolving around parallel imports

Issues Revolving Around Parallel Imports

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…

caesar caesarstone

Caesar ≈ Caesarstone?

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…

the tale of the tiger stripes

The Tale of the Tiger Stripes

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…

tempest in a teacup or bubble tea firestorm

Tempest in a Teacup or Bubble Tea Firestorm?

Not many legal disputes capture the imagination of Malaysians like a good and scintillating food feud. We are referring to none other than the CHATIME bubble tea tug-of-war that has played out in the media extensively in the last six…

copyright is relevant to everyone

Copyright is Relevant to Everyone

Copyright law in Malaysia is governed by the Copyright Act 1987. Under the Act and pursuant to the Berne Convention, copyright exists automatically upon the creation of a work without the need for any formal registration. In the absence of…

miscellaneous changes to singapore ip law

Miscellaneous Changes to Singapore IP Law

PATENTThe option to request supplementary examination as an alternative to substantive examination was introduced into Singapore patents prosecution system on 14 January 2014. It is a cost effective way to obtain grant of a patent application by relying on the…

swiss type claims confirmed as patentable by malaysian high court

Swiss-type Claims Confirmed as Patentable by Malaysian High Court

The Federal Court’s decision in SKB Shutters Manufacturing Sdn Bhd v Seng Kong Shutter Industries Sdn Bhd & Anor (“SKB Shutters”) has been widely reported and commented on. Briefly, the Federal Court decided that if an independent claim of a patent was…

ip in the kitchen

IP in the Kitchen

In Malaysia, good food captures the heart of the nation and unites us as one. Malaysians will travel far and wide just to try out that newly-discovered food craze, cook up a storm for family and friends for various occasions…