Caught with Their Pants Down: Mohammad Hafiz bin Hamidun v Kamdar Sdn. Bhd.
What grounds, if any, do famous personalities have to prevent their name from being used by others under the guise of false endorsements or association? Here’s the story of what singer and song composer, “Hafiz Hamidun” (the Plaintiff), did. Apart from his musical pursuits, the Plaintiff had also incorporated a company selling clothes including Baju […]
Patenting Biotechnology Inventions
By P. Kandiah & Sharrmila Palanyandy In recent years, research and development in biotechnology field, especially in medicine and agricultural biotechnology is emerging rapidly. Researchers are encouraged to patent their inventions in order to commercialise their inventions and enjoy the benefits obtained thereafter. Mostly, biotechnology inventions are associated with materials present in nature which require […]
Enforcement of Trademarks in Myanmar
Enforcement and Border Control Measures Myanmar is the largest country in the Southeast Asian mainland and is bordered by India, Bangladesh, Thailand, Laos and China. Geographically, Myanmar is strategically located to make trade deals with the two most populous countries and fastest growing markets in the world, India and China. Currently, the Myanmar Customs Department […]
No Noodling About: Hakubaku Co. Ltd. v Asiamega Food Manufacturers Sdn. Bhd.
This recent case provides food for thought by enforcing once again that the first user of a trademark in good faith in Malaysia is the rightful common law owner of the mark. Attempts to noodle around with the core principles of trademark and copyright law do not mix well with the Courts’ stand to uphold […]
Malaysia! Merdeka! Eureka!
By Joel Cheong August is the month when proud Malaysians display their patriotic spirit by flying the Malaysian flag. As people who did not fail their History paper would know, the Malayan Federation achieved its independence on 31 August 1957, and on 16 September 1963, Malaya, Sabah, Sarawak and Singapore formed the Federation of Malaysia. […]
Your Patent is registered – What Next?: An update on the Patent Working Requirement in Indonesia
By Carola Monintja Receiving a notification of grant for an invention is always a celebratory moment and a great relief for us (as patent agents) and the client. Why? Because this moment means the waiting is over, the long correspondences and hours spent preparing the responses, the arguments and the amendments have fully paid off, […]
Local to Global: FEAR of the Unknown
By Geetha Kandiah Venturing abroad takes courage. But in this day and age, it is a necessity for businesses to expand their market reach. Businesses in Singapore, for example, do not just stay in Singapore! In 2018, Singapore exported US$ 411.7 billion around the world, with the top export being electronic equipment. Businesses can’t keep […]
When you need to sprint to the Trademark Office: Trade protection around the globe
By Daniella Fiocco What’s in a name? “What’s in a name? That which we call a rose by any other name would smell as sweet.” – William Shakespeare ———————————————– William Shakespeare may have been a brilliant poet, but he was no intellectual property expert; if he were he would have known that a name, and […]
A Tale of Two Telekung Trendsetters
By Sajjaratul Yaqeen What is Copyright? Copyright is an Intellectual Property right which grants the creator of an original literary or artistic work exclusive rights in exploiting or commercialising their work. What happens when one’s original work is similar to others? What happens when someone uses one’s original work without the owner’s consent? The […]
The Tale of Two Captain Marvels
By Hoh Jerick With the recent box office hit from Warner Bros., the entire world was introduced to a superhero that was given the moniker, “The Big Red Cheese”, or better known as “Shazam”. Bestowed with powers from a wizard, the young Billy Batson would call out the name “Shazam!”, and instantly reappear as an […]