MALAYSIA: INFRINGING COPY MUST BE OBVIOUS IMITATION OF THE REGISTERED DESIGN UPON THE VISUAL COMPARISON
In the case of Visiber Sdn. Bhd. v Tan Meng Them and others, the Malaysian High Court in Kuala Lumpur upheld the industrial design infringement claim of Visiber over its business that uses inverted triangle formula (“the methodology”) in its multi-level marketing network.
The Court held that the Plaintiff has proved on the balance of probability that the Defendants have infringed the...
SINGAPORE PATENT CASE UPDATE: MARTEK TURNS THE TABLES ON APPEAL
Martek Biosciences Corporation had recently succeeded in getting the Singapore High Court in affirming that Martek’s Singapore Patent No. 42669 (hereinafter referred to as “the Singapore Patent”) to be valid.
By way of history, a Tribunal comprising the Deputy Registrar of Patents and the Principal Assistant Registrar of Patents had held that the Singapore Patent to be invalid and therefore...
WHAT MADE THIS MALAYSIAN PATENT REVOKED?
The Malaysian High Court in Shah Alam, Selangor has recently revoked Malaysian Patent No. MY-103619-A and the reasons for the revocations made an interesting reading.
In the case of Nehemiah Reinforced Sdn. Bhd. vs. Patrick Cyril Augustine & Imbiraj K. S. Abraham, the Court held that Malaysian Patent No. MY-103619-A (hereinafter referred to as “the Patent”) which was granted...
EVEN DOCUMENTS IN ARCHIEVE CAN ALSO CAUSE TRADE MARK CONFUSION AMONGST CONSUMERS
In the case of Jacmoli Designs & Jewellers Sdn. Bhd. vs. YTL Corporation Berhad, the Malaysian High Court in Kuala Lumpur upheld a trademark infringement claim over archived jewelry items on a community website. The Court in Kuala Lumpur held that even documents that have been achieved but still accessible to the public can create confusion amongst the consumers and therefore, held that...
MALAYSIA ANNOUNCES INCREASE IN OFFICIAL FEES FOR INDUSTRIAL DESIGN MATTERS
The Intellectual Property Corporation of Malaysia (MyIPO) has recently announced that Industrial Designs Regulations 1999 has been amended and the amended Industrial Designs (Amendment) Regulations 2012 has been published on MyIPO’s website. Please click here for a copy of the Industrial Designs (Amendment) Regulations 2012: Industrial Designs (Amendment) Regulations 2012.
The Industrial...
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