MALAYSIA: A COPYRIGHT SAGA
In a case of Chuah Aik King (hereinafter referred to as the “Plaintiff”) filed a suit against Keydonesoft Sdn. Bhd. (hereinafter referred to as the “Defendant”) at the High Court of Malaya at Kuala Lumpur claiming that the he, the Plaintiff, owns the copyright in two computer programmes, (1) “B3 Café Internet Café Billing Management with MyCard Solution Software” programme (hereinafter...
CAMBODIA: EUROPEAN PATENTS CAN NOW BE VALIDATED IN CAMBODIA
The President of the European Patent Office (EPO) and the Cambodian Minister of Industry and Handcraft signed an agreement on the validation of European patents that came into effect since 1 March 2018. This sets Cambodia to become the first country in Asia to validate European patents in the Asian region and now part of the 38-member states of the EPO. From the date of 1 March 2018, it will...
MALAYSIA: TO CHARGE OR NOT TO CHARGE – PART 2
In the previous article “Malaysian Copyright: To Charge or Not to Charge”, we have written about representatives of Gen X, Thee See Nyuk and Chong Chee Cheong had claimed various relief as itemized in the Statement of Claim. The High Court of Malaya allowed some of their claims.
The Malaysian Government and the Ministry of Domestic Trade, Co-operatives and Consumerism had then appealed against...
MALAYSIA: A COPYRIGHT CONUNDRUM
This article relates to a copyright dispute between Aktif Perunding SDN. BHD (hereinafter referred to as the “Plaintiff”) and ZNVA & Associates SDN. BHD (hereinafter referred to as the “Defendant”).
Universiti Teknologi Malaysia (UTM) had appointed Ahmad Zaki SDN. BHD (hereinafter referred to as the “Main Contractor”) as the main contractor for a student accommodation project in Kuala...
VIETNAM: CHANGES TO IP LAWS AND PRACTICES
Vietnam has recently circulated a new circular regarding amendment of IP law, in which the changes took effect on 15 January 2018.
Below are some of the key changes for your information.
Previous requirements
New requirements
GENERAL MATTERS
1) Deadlines to response to office actions in relevance to formalities
1 month
2 months
2) Appeals and appeal settlement
New...
INDIA: REQUIREMENTS OF WORKING STATEMENTS
This article relates to a recent order by the High Court of Delhi relating to submission of working statements of inventions which have been patented in India.
Under the Indian patent laws, every owner of a granted patent is required to submit a statement regarding working of the patented invention on a commercial scale in India. The working statements are required to be submitted annually in...
ADIPVEN NEW WEBSITE LAUNCHED
Dear Colleagues,
I am proud to announce the launch of our new website which coincides with our expanding firm as a leading Intellectual Property and Commercialization (IPC) firm in Malaysia in and improving our professional services in the IPC industry.
Our new website provides a clear message of who we are, what we stand for and where our value lies when maintaining clients’ portfolio. The...
MALAYSIA COPYRIGHT INFRINGEMENT: TO CHARGE OR NOT TO CHARGE?
An internet café called “Gen X” was raided on 17 November 2009 by a team of law enforcement officers from The Ministry of Domestic Trade, Co-operatives and Consumerism after receiving a complaint from Sendi Mutiara Multimedia Sdn. Bhd. (hereinafter referred as “SMM”) whose representatives were also present during the raid. During the raid, some items were seized for investigations into...
MALAYSIA: A (REYNOX) FAMILY FEUD
In case of Low Chi Yong (Reynox Fetichem Industries) (hereinafter referred to as the “Appellant”) filed a suit against Low Chi Hong and Reynox Sdn. Bhd., (hereinafter referred to as the “Respondents”) at the High Court of in Alor Setar for the infringement and passing off of his registered trade mark “Reynox” claiming liquid fertilizers.
There are several essential points to be noted in this...
MALAYSIA: TRADE DESCRIPTION ORDER (TDO) DEFINED BY FEDERAL COURT
The Federal Court of Malaysia recently had the opportunity to clarify two questions of law regarding Trade Description Order.
What is a Trade Description Order (TDO)?A registered owner of a trade mark may apply for a TDO pursuant to the Trade Descriptions Act 2011 (the Act) to declare that another mark or get-up is being used by someone else in the course of trade to infringe his statutory...