“Maestro Swiss” Allowed For Malaysian-Made Chocolates
Maestro Swiss Chocolate Sdn Bhd (the defendant) manufactures and sells various types of chocolates under the brand names ‘Vochelle’ and ‘Maestro SWISS’ in Malaysia. Chocosuisse Union des Fabricants Suisses de Chocolat (the 1st plaintiff) is a cooperative society formed in Switzerland, whose responsibility is to protect the worldwide reputation and goodwill of its members – […]
Medicinal Inventions: Japan Introduces New Examination Guidelines
The Japan Patent Office (JPO) has published a set of revised guidelines on 23rd October 2009 that deals with the patent office examination practice of medicinal invention specified by “dosage and administration”, and of an invention relating to a medical activity. This brief article will look at the former guidelines. We believe this advancement in patent […]
Indian Patent Updates: Compulsory Submission of Form 27 Before 31st of March
According to the Indian Patents Act, once a patent has been granted in India, an annual Statement of Working of Patent, known as Form 27, is required to be filed at the Patent Office within 3 months of the end of every calendar year (i.e. the deadline to submit the 2009 statement will be 31 […]
Singapore Patent Update: First Patent to be Revoked by IPOS Under Section 80
Singapore Patent No. SG 42669, entitled “Arachidonic Acid and Methods for the Production and Use thereof”, owned by Martek Biosciences Corporation has the dubious honour of being the first Singapore Patent revoked by the Intellectual Property Office of Singapore (IPOS) under Section 80 of the Singapore Patents Act. By way of history, the SG 42669 […]
Sunny News For Suria (Sabah, Not KLCC)!
A mall in Kota Kinabalu has retained its rights to use the trademark “Suria” (which means “Sun” in Sanskrit and “Malay”) after a one year battle in the High Court of Kota Kinabalu. In 2009, the owner of Suria KLCC mall, Suria KLCC Sdn Bhd (“Suria KLCC”) sued the developer of Suria Sabah mall, Makamewah […]
“JOST” Mark Registration Jostled in Malaysia!
In the recently decided case of JOST CRANES Gmbh & Co. KG v. JOST CRANES SDN BHD which was heard at the Kuala Lumpur IP Court, Judge Dato’ Azahar bin Mohamed decided in favour of the German company, Jost Cranes GmbH & Co. KG and expunged the registered trademark from the Trademark Register. The JOST mark was […]
Singapore Patent Update: Muhlbaure Turns the Tables on MIT
Not long ago, we commented on the Singapore High Court decision to revoke Muhlbauer AG’s Singapore Patent No. 117982. Muhlbauer has since filed an appeal at the Court of Appeal, and the Court of Appeal has subsequently overturned the High Court’s decision and declared the patent as valid and therefore enforceable. The High Court found […]
Registeres “Raffles” Marks Attacked in Singapore
vs Registered “Raffles” mark UNregistered “Raffles Fine Arts Auctioneers” mark The Intellectual Property Office of Singapore (IPOS) recently decided on a trademark invalidation case. On 30 April 2003, applications to invalidate a registered “Raffles” word mark in […]
What’s in a Shape and Color of a Pharmaceutical Tablet?
If a product has a novel shape and configuration, appeals to the eye, and is not dictated by a function, then the shape can be registered as an Industrial Design. Upon registration, exclusive rights are given to the owner of the design for a limited period of time. Furthermore, if the shape of a product […]
Horny Goat Weed Topples a Claim in Pfizer’s Patent for “Viagra”
Pfizer’s patent US No. 6,469,012 relates to its best selling drug “Viagra”. Following patent infringement claims by Pfizer against Eli Lilly, Lilly ICOS (makers of “Cialis”) and Bayer (maker of “Levitra”) had sought for re-examination of Pfizer’s ‘012 Patent. The claim that is said to cover both “Levitra” and “Cialis” is claim 24. 24. […]