Thai Courts Shed Light on Descriptive vs Suggestive Trademarks
The Central Intellectual Property and International Trade Court in Thailand recently decided in favour of an Indian corporation, Colorplus Fashions, on the registrability of their trademark “COLORPLUS”. The Applicant had previously applied for the registration of the mark “COLORPLUS” in Class 25 in Thailand, claiming apparel products. The word “COLORPLUS” in itself may not have […]
Plavix Patent Invalidated in Korea
On 15 October 2009, the Supreme Court of Korea dismissed the appeal in the ‘(patent) registration invalidation’ trial that SANOFI-AVENTIS filed against 16 Korean generic drug companies. The Supreme Court ruled that “the original trial decision stating that ‘the novelty and inventive steps (of the original product) are denied’ is fair and has no misunderstanding […]
Singapore Trademark Update: Navelbine Vs Vinelbine
In an opposition decision that was published in December 2009, the IP Office of Singapore (IPOS) disallowed the registration of the mark VINELBINE in the country. Pierre Fabre Medicament, the owner of the mark NAVELBINE opposed the application for the mark VINELBINE by Dabur Pharma Ltd. The application was opposed on a number of grounds, […]
To Cross or Not to Cross
In today’s hugely competitive technology market, there is bound to be many instances where one company knowingly or unintentionally uses a patented technology without the consent of the patent owner. In a recent sparring match between two major players in the mobile phone manufacturing industry, Nokia Corp (“Nokia”) threw the first blow in October when […]
Thai Patent Update: Optional Features Cannot Accord Novelty
In a recent patent revocation case in Thailand, the Thai Supreme Court has upheld the decision of the Thai IP Court to revoke Thai Patent No. 8912 entitled “Herb Ingredient from Pueraria Candollei” for lack of novelty and an inventive step in view of a document which was published in 1931. Pueraria Candollei is a herb found […]
Singapore High Court Orders Details of Illegal Downloaders to be Dilvulged
In a recent copyright infringement case in Singapore, the High Court has ordered a local Network Service Provider (NSP) to furnish Japanese Anime copyright owners with the Internet Protocol (IP) addresses of the NSP’s subscribers who had illegally downloaded Anime titles. Anime refers to a distinct type of cartoon animation originating from Japan. The facts […]
Updates on UBS Corporation Sdn Bhd vs UBS AG Case
The appeal by UBS Corporation Sdn Bhd was allowed by the Court of Appeal on 1 April 2009. The Judges, comprising of Dato’ Raus, Dato’ Hamid Embong and Dato’ Ahmad Maarop, stated that they would write a judgment but none is available to date. The amendment of UBS Corporation’s trade mark to the “UBS” letters alone […]
[BFM] KASS Series: Protecting Your Business Ideas
Singapore – Case Law Update
In Singapore, it is possible to obtain the grant of a national phase patent application without any further examination by simply relying on the findings of the International Search Report (ISR), Written Opinion (WO) or the International Preliminary Report on Patentability (IPRP), particularly if the examination reports issued by the PCT Examiner suggest that the […]