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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…
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)…
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 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…
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…
‘Dodol’ is a thick, sticky and sweet toffee-like confection made from coconut milk, jaggery, and rice flour. It is popular in many parts of South and Southeast Asia, including Malaysia. When it comes to such local delicacies in Malaysia, Tan…
Idea Marketing SA (“the Respondent”) is the global promoter for the F1 Powerboat World Championship racing event. The Respondent has applied to register the application mark “F1H2O” with the priority date of 11 January 2007 (“the relevant date”) in Singapore.…
After seven years of (some claim secretive) negotiations, on 05 October 2015 Malaysia together with eleven other countries (Brunei, Chile, New Zealand, Singapore, Australia, Canada, Japan, Mexico, Peru, United States of America and Vietnam) reached a multilateral free trade agreement…
Over the last few years, there have been a number of reported High Court decisions on issues relating to licensing and ownership of intellectual property in Malaysia. This article is about a trade mark licensing dispute. Playboy Enterprises International, Inc.…
The above statement was recently pronounced by a full quorum of the Federal Court’s panel of 5 judges with regard to the role of the Trade Mark Registrar as a party to a rectification or cancellation action. In Malaysia, a…
Legislative changes to the Singapore patents law on 14 February 2014 introduced a new procedure known as Supplementary Examination to the foreign route prosecution option where reliance on final results of search and examination of certain foreign or international applications…
The Tobacco Plain Packaging Act 2011 in Australia has set in motion a global debate. The Australian Act mandates that the design of tobacco products and their packaging be standardized so that only the brand name can be retained in…