Reading Time: 2 minutesOne of the most significant developments in the spectrum of intellectual property rights in Myanmar is the enactment of the Trademark Law (“TL”). The TL though enacted on 30 January 2019 has not yet entered into force pending the issuance of a Notification by the President of Myanmar. Newsletters related to the TL that were […]
Singapore Trade Marks – Monster Energy Company Failed Yet Another Opposition – Monster Energy Company V NBA Properties Inc. [2018] SGIPOS 16
Reading Time: 8 minutesIn a decision rendered by the Intellectual Property Office of Singapore (“IPOS”), it was held that Monster Energy Company had failed in its opposition against NBA Properties Inc. Whilst the energy drink company has spent more than US$2.2 million in marking and promotional activities in Singapore, it has also launched multiple strikes against various different […]
Lost in Translation: A Balancing Act in Southeast Asia
Reading Time: 8 minutesBrand owners with trademarks in English or another home country language who have strong business interests in Southeast Asia often wonder whether they should also protect their brands in local languages within targeted markets. One key factor in considering whether to file trademarks in multiple languages is typically cost. That said, sometimes it is better […]
Singapore Trade Marks – United U-Li Projects Pte Ltd Succeeds on 2 out of 4 Invalidation Grounds – United U-Li Projects Pte Ltd V Tan Buck Hai [2018] SGIPOS 19
Reading Time: 10 minutesIn a decision rendered by the Intellectual Property Office of Singapore (“IPOS”), it was held that United U-Li Projects Pte Ltd’s application for invalidation succeeded on two out of four grounds pleaded in their case whilst cross-invalidation by Tan Buck Hai was previously dismissed. (A) Who are the parties involved in this case? (a) United […]
The cost of litigation: Is it worth it?
Reading Time: 4 minutesWith globalization, more and more small to medium sized companies (“SMEs”) in developing companies have proven to be worthy opponents to the larger, more established MNCs (“multi-national corporations”). How so? With the spirit of entrepreneurship, these SMEs are now producing similar goods and services at much lower costs than those offered by the MNCs. From […]
An Intellectual Property Law perspective on Open Source Software Licences
Reading Time: 4 minutesIntroduction Open source software generally describes software with publicly available source codes, which third parties can access, modify and re-distribute. In comparison, the source codes of closed source software are not disclosed to the public or disclosed only in limited circumstances, and on strict obligations of confidentiality. By being freely available and constantly tested by […]
Commentary: Trade Marks in Singapore [Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd [2017] SGHC 18 ]
Reading Time: 5 minutesMost trade mark owners get frustrated when, legally, it is not possible to stop a parallel importer from importing and selling genuine goods in Singapore. Parallel importers are protected by the defence of exhaustion of rights under section 29(1) of the Trade Marks Act (“TMA”). Earlier this year, a case dealing with this very issue […]
Singapore Patents – High Court Disallows Correction to Patent Register with regard to Error in Priority Application Number due to undue delay and there being no exceptional grounds to rely upon for Bristol-Myers in seeking correction – Novartis (Singapore) Pte Ltd V Bistrol-Myers Squibb Pharma Co [2017] SGHC 322
Reading Time: 7 minutesIn a decision rendered by Singapore’s High Court on 20 December 2017, the High Court allowed an application by Novartis (Singapore) Pte Ltd (commenced under Section 44(1) of the Patents Act) and reversed the Registrar’s decision to grant correction to the Register in respect of corrections to priority application number of Bristol-Myers Squibb Pharma Company’s […]
Shipper not liable for trademark infringement: Louis Vuitton Malletier v Megastar Shipping Pte Ltd (PT Alvenindo Sukses Ekspress, Third Party) and Other Suits
Reading Time: 11 minutesIn a decision rendered by George Wei J, the Singapore High Court held that a freight forwarder was not liable for trade mark infringement in respect of counterfeit goods that were imported into Singapore and meant to be sent to a third party in Batam. (A) Who are the parties involved in this case? 1. […]
Free Legal Clinics in Singapore
Reading Time: 5 minutesThe Story In 60 Seconds Contrary to popular belief that there are no sources for legal assistance for the needy, there are actually avenues for legal assistance. One key element in this support is a free legal clinic, where you may have a brief consultation with a lawyer for little or no cost. With the […]
Singapore Trade Marks-Starbucks Corporation v Morinaga Nyugyo Kabushiki Kaisha 2017 SGIPOS 18
Reading Time: 13 minutesIn a decision rendered by the Intellectual Property Office of Singapore (IPOS), IPOS held that Starbucks’ opposition against Morinaga Milk Industry Co., Ltd’s trade mark application failed on all grounds. (A) Who are the parties involved in this case? (1) Morinaga Nyugyo Kabushiki Kaisha (Morinaga Milk Industry Co., Ltd.) (Applicant) Japanese manufacturer of dairy products […]
IPOS invalidates registered trade mark for lack of distinctiveness- Eley Trading Sdn Bhd v Kwek Soo Chuan [2017] SGIPOS 15
Reading Time: 8 minutesIn a decision rendered by an Assistant Registrar at the Intellectual Property Office of Singapore (IPOS), IPOS invalidated a registered trade mark for its lack of distinctiveness. (A) Who are the parties involved in this case? Eley Trading Sdn Bhd (Applicant) Manufacturer and distributor of religious products sold in various countries including Singapore. Owner of […]