Patents & DCA Approval

If a pharmaceutical drug enjoys patent protection in Malaysia under the Patents Act 1983, can the Drug Control Authority (DCA) of the Ministry of Health grant marketing approval for another generic drug allegedly falling within the claims of the patent and applied for by a rival company? And if marketing approval is given, can the […]

How Close is J.Estina to Festina?

Many a time clients have enquired whether a trademark search is necessary before they apply for a trademark registration. And many a time we have responded with a “Yes, it is highly advisable as it will ascertain whether the application will be a smooth and successful process or whether there will be a rocky road […]

Trademark Matters: A Case of Chocolate Chip Cookies

Danone Biscuits Manufacturing (M) Sdn Bhd V. Hwa Tai Industries Bhd FOOD manufacturers would stand to gain from paying close attention to a recent High Court decision on a case involving claims of trademark infringement and passing off. On 29 October 1990, Danone Biscuits Manufacturing (M) Sdn Bhd (“the Plaintiff”) applied to register their “ChipsMore” […]

Tough Times Ahead For The Pharmaceutical Industry?

Things have been going very well for the pharmaceutical industry over the past decade or so. A series of “blockbuster” drugs has been bankrolling the industry players fortunate enough to own the rights to those drugs and at the same time financing their search for the “Next Big Drug”. Global spending on pharmaceutical drugs exceeded […]

“5-Star EHS” Fails to be Registered in Singapore

A trademark applicant in Singapore sought to register the mark “5-STAR EHS” under Classes 42 and 45 but was turned down by the IP Office of Singapore (IPOS) on grounds that the mark lacked distinctiveness and was rather descriptive of the applicant’s services, in a decision dated 4 October 2010. The applicant was in the […]