McCurry Thwarts McDonald’s At The Court Of Appeal
On 27th April 2009, Justice Datuk Gopal Sri Ram delivered a favourable judgement to the owner of McCurry Restaurant at the Court of Appeal. The use of the trademark “McCurry” in relation to Indian and Malaysian food was not found to be an act of passing off of McDonald’s Corporation’s food and beverage business. Apart from […]
Completeness of Research For Obtaining a Patent
Biotechnology and Pharmaceutical product perspective. In many cases we often find that although researchers consider their research as complete, we take the view that the research is incomplete to justify the patent claims filed. This article proposes to discuss the requirements of one aspect of patentability. One of the three legal requirements to obtain a […]
Naming of Incorrect Inventors in Patents
The Patent laws of all countries require that the inventors be named in the application for a patent at the time of filing the patent application. On the other hand publication of inventions in technical journals often requires the naming of the authors who authored the article. Now who is an inventor under the Patents […]
Descriptive and Generic Marks – Why to Avoid Using Them
Owning a registered trademark gives the owner exclusive rights to do the following: to use the mark on its goods and services; and to exclude others from using the same or very similar mark on same or related goods and services. However, this monopoly of rights is given, by Trademark Offices worldwide, only to owners who […]
Trademark Searches – Worthwhile?
I recently attended a colleague’s wedding, which, despite my inherent detestation of attending weddings, I found quite delightful. I was particularly touched by the lovely speech given by the bride’s father. Speaking from experience, the man had this to say to his new son-in-law, “a man who gives in when he is in the wrong […]
Impact of PCT on Malaysia
16 August 2006 is a significant date for the Malaysian and International business community as this was the date in which Malaysia’s accession to the Patent Cooperation Treaty (PCT) became in force. The PCT system is a system which renders patent filing in numerous countries more effective and economical. It has to be stressed that […]
Recent Developments in the Nice and Locarno Classification
NICE Classification The International Classification of Goods and Services for the Purposes of the Registration of Marks (known as the “Nice Classification), was, via the Nice Agreement, the result of the Nice Diplomatic Conference, which was held in Nice, France, on 15 June 1957. This Agreement was later revised in 1967 and 1977. The Nice […]
Brand Promotion Grant
Our Government has allocated a total fund of RM 200 million aside for companies who are taking their brand global. Called the “Brand Promotion Grant”(“the Grant”), the Government launched the Grant in 2003 under the Government’s new stimulus package to boost the economy. According to Mr. Zakaria Kamarudin, the Senior Director of the Exporters Development […]
Securing Technology/ Know-How Without Payment
SECURING TECHNOLOGY/ KNOW-HOW WITHOUT PAYMENT Industries and entrepreneurs often look for technology to solve technical problems or to start a new business. It is said technology comes with a price and nothing is free.This statement though true in some circumstances, is not applicable in all circumstances. This article will discuss the manner of obtaining valuable technology without the […]
Utility Models and Industrial Design Rights in Malaysia
Malaysia is one of the few countries that has a ‘utility model’ system under its patent rights system. The Patent Act 1983 grants two types of right for invention – first is a patent right per se and the second is what is referred to as ‘Certificate for Utility Innovation’ (hereinafter referred to as “CUI”). Many […]