MALAYSIA: HANSA PART v HANSA
In the case of Solid Corporation Sdn Bhd v Registrar of Trade Marks Malaysia & Yuen Sun Rubber Manufacturing Co. Sdn Bhd, the High Court of Kuala Lumpur held that Yuen Sun Rubber Manufacturing Co. Sdn Bhd’s trade mark is confusing or deception to the public under Section 14(1)(a) and 19(1) of the Trade Marks Act 1976.
Solid Corporation Sdn. Bhd. (hereinafter referred as “Plaintiff”)...
MALAYSIA: MONIER or LA MONIEER?
A recent dispute involving trade marks of “MONIER” and “LA MONIEER” sparked a myriad of issues including trade mark infringement, passing off and copyright infringement heard at the High Court of Kuala Lumpur.
Monier Malaysia Sdn. Bhd., Monier Sdn. Bhd. and Redland Engineering Limited (hereinafter referred to as the Plaintiffs) belong to Monier Group of Companies with Redland Engineering...
BRUNEI: RE-REGISTERED PATENT TERM DEFINED BY COURT
A recent case of dispute in the High Court of Brunei relates to a declaration of non-infringement patent matter lead to an escalation of its appeal to the Court of Appeal of Brunei. This case involved Winthrop Pharmaceuticals (M) Sdn. Bhd. and Shionogi Seiyaku Kabushiki Kaisha.
Winthrop Pharmaceuticals (M) Sdn. Bhd. sought an application for a declaration of non-infringement of a Brunei...
MALAYSIA: FEDERAL COURT RULED ON SCOPE OF SECTION 42 OF THE COPYRIGHT ACT
In the case of Dura-Mine Sdn. Bhd. v Elster Metering Limited and George Kent (Malaysia) Berhad, the Federal Court has recently examined the scope and application of Section 42 of the Copyright Act 1987 (hereinafter be referred as “the Act”).
First and foremost, it is appropriate to reproduce Section 42 of the Act here:
42. (1) An affidavit or statutory declaration made...
MALAYSIA: ST. JOHN’S TRADE MARK HELD TO BE INFRINGED
In the case of St. John Ambulans Malaysia v PJ Uniform Sdn. Bhd., the High Court of Malaya in Shah Alam, found that PJ Uniform Sdn. Bhd. had infringed the registered trade mark of St. John Ambulans Malaysia (the “SJAM” emblem).
St. John Ambulans Malaysia (hereinafter referred as the Plaintiff) is a statutorily incorporated body with charitable objects. The Plaintiff relied...
MALAYSIA: HI-M v MYHA 2010
In the case of Hamirudin Hashim v Khairul Annuar Mansor and Mohamad Arif Abdul Rashid, the High Court in Kuala Lumpur had dismissed Mr. Hamirudin Hashim’s claim of RM15000.00 due to failure to prove on balance of probabilities against Mr. Khairul Annuar Mansor and Mr. Mohamad Arif Abdul Rashid.
By way of background, Mr. Hamiruddin Hashim (hereinafter referred as Plaintiff) is the President of...
SINGAPORE: TRADE MARK INFRINGEMENT OF KIT KAT
This is an article about an interesting case of Societe Des Produits Nestlé SA and another v Petra Foods Ltd and another.
Societe Des Produits Nestlé SA (hereinafter referred as “the 1st Plaintiff”) is a public company incorporated in Switzerland and Nestle Singapore (Pte) Ltd (hereinafter referred as “the 2nd Plaintiff”) is a company incorporated in Singapore. Both the 1st and 2nd Plaintiffs...
SINGAPORE: INVALIDATION PROCEEDINGS AGAINST TRADE MARKS
In the case of Guy Neale and others v Nine Squares Pty Ltd, the Court of Appeals in Singapore held that Singapore marks were merely held on an express trust by Nine Squares.
By way of background, Mr. Neale and others including Aki, Kadek, WH Trading and WH Investments (hereinafter referred as “the Appellants”) ran a famous restaurant in tourist island of Bali, Indonesia. The Appellants were...
MALAYSIA: MyIPO HAS STARTED PILOT A PPH/PCT-PPH PROGRAM WITH JPO
We are pleased to inform all of our clients and associates that effective from 1 October 2014, the Intellectual Property Corporation of Malaysia (MyIPO) has started a pilot Patent Prosecution Highway (PPH) and Patent Cooperation Treaty-PPH (PPH/PCT-PPH) program with the Japan Patent Office (JPO). The pilot program will be for a period of three years.
The PPH/PCT-PPH program enables sharing of...