UBS Corporation Sdn Bhd VS UBS AG
On 21 June 2006, Justice Datuk Wahab Bin Patail ruled in favour of UBS AG (a renowned global financial group) in the Kuala Lumpur High Court, with regard to the issue of Trademarks amendments. The Respondents, UBS Corporation Sdn Bhd owned a trademark which consisted of the letters ‘UBS’, the words ‘User Business System’ and […]
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 […]
Malaysian Case Law Update: Patents Declared Invalid
In a recent patent invalidation suit IEV International Pty Ltd v Sadacharamani a/l Govindasamy [2008] 2 MLJ 754, at the High Court of Malaya in Kuala Lumpur, validity of two Malaysian patents was put on test and the Court found that both patents are invalid for lack of novelty and an inventive step. The Plaintiff had filed […]
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 […]
KASS Wins Another IP Battle in Court
WHAT’S IN A DESIGN? KASS registered a series of Industrial Designs in respect of shape and configuration of an anchorage lug (brackets) used in earth retention wall mounting system for a leading civil engineering firm in Malaysia. Contested Design All the designs were registered by the Malaysian Intellectual Property Office (MyIPO) under Registration No.: MY […]
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 […]
Emmer Zecna vs. Ermenegildo Zegna Case
The High Court of Malaya in Kuala Lumpur in Civil Suit No. D8-22-1863-2002 on 8th March 2008 held at the end of a full trial, that the trademark Emmer Zecna does not infringe the registered trademark Ermenegildo Zegna in respect of the use of the mark in Class 25 for menswear. It further held that there was also no passing […]