What is the code of your consciousness?: Exploring the Language of Your Thoughts
By Jasmine Lim You won’t usually think about this, but we think in a language. For most, that language is most likely their mother tongue. For others, it is the language that they grew up with (that’s why non-English people can be native English speakers).
Malaysia Cracks Down on Unregistered Medical Devices and Counterfeit Shoes
RM300,000 (USD65,000) worth of unregistered medical devices were seized by the Medical Device Authority of Malaysia recently. Among the unregistered medical devices were face masks, pregnancy test kits, first aid kits, blood lancets and gauze. The medical devices had not been registered under the Medical Devices Act 2012. The Ministry of Health is to take […]
You Snooze, You Lose: Oatly AB v Pahang Pharmacy
By Kavinarasi Thavanendran Budding business owners know that registering their trademark is an essential move in order to protect their brand. But they shouldn’t get complacent, because nothing is permanent! In the case of Oatly AB v Pahang Pharmacy Sdn Bhd (2022), the premise is simple: Use it or lose it. Key Takeaways Oatly AB […]
Stronger Than the Rest: The Importance of Distinctiveness in Trademarks
By Kavinarasi Thavanendran Trademarks fulfil two basic functions: (i) to identify the source of goods or services and (ii) to differentiate similar goods or services amongst competitors. In order for a trademark to effectively carry out this “threshold requirement”, it must be distinctive. Key Takeaways Trademark Function – Trademarks must identify the source and differentiate […]
A Caffeinated Clash: Starbucks vs. Starbung
By Rachapat Sumjinda Starbucks, the world-renowned coffee chain with branches across the globe, is known for its premium quality coffee and exceptional customer service. With over 36,000 outlets globally and continued revenue growth, Starbucks is clearly doing something right. However, its prices are often considered steep, particularly among average income earners in certain countries, resulting […]
Celebrating Female Ingenuity: Talented ASEAN Women Inventors
By Linh Nguyen Time flies, and World Intellectual Property Day – held annually on 26 April – is just around the corner. This year’s theme is “Women and IP: Accelerating Innovation and Creativity”.
Implied Consent or Innocent Infringement: The Legal Conundrum in Bayland Sdn Bhd & Anor v Paulus De Kruijff [2021] 12 MLJ 934
By Zainal Amshah Can infringement of a registered trademark occur if consent was given for the use of the trademark by the registered owner? According to Section 40(1)(dd) of the Trade Marks Act 1976 (“TMA”), no infringement occurs if a trademark is used by someone in relation to goods or services whereby the registered proprietor […]
What You Need To Know About Myanmar’s New Trademark Law
By Khin Yupar Lin On 10 March 2023, the State Administration Council of the Republic of the Union of Myanmar issued Notification (82/2023) to declare that the new Trademark Law (2019) will come into effect on 1 April 2023. Key Takeaways Myanmar’s Trademark Law Takes Effect – A new era began on 1 April 2023 […]
IP in Franchising: Staying on Top in the Vietnam Franchise Race
By Ngan Pham Hundreds of domestic and foreign franchises have penetrated the Vietnam market, especially in the food & beverage, retail, and education industries, with famous brands such as KFC, Trung Nguyen Coffee, Highlands Coffee, Family Mart and Circle K establishing a strong presence. A favourable business model post-pandemic, franchising is flourishing these days.
Protecting Trade Dress in Thailand: FIRE TIGER vs. THE FIRE BEAR
By Tipsuda Suttasing Trade dress is the overall appearance and feel of a product or service that identifies the source of the product or service and distinguishes it from that of others. It includes, but is not limited to, color, shape, size, configuration, and product packaging. Trade dress also refers to the overall presentation of […]