AUGUST 2016 ISSUE:

Trans-Pacific Partnership Agreement (TPPA)
– The Effect on Malaysian Patents

Last year, the Malaysian IP Office (MyIPO) maintained the fast pace of substantive examination, which began in year 2014. This has resulted in an increase of more than 5% in the number of patents granted in year 2015. This effort by MyIPO is in anticipation of implementation of the Trans-Pacific Partnership Agreement (TPPA) in the near future. ... more

Revised Singapore Guidelines on Assessment of Post-Grant Patent Amendments

Section 84(3) of the Singapore Patents Act stipulates that post-grant amendment of a patent is allowed only if the amendment does not result in the specification disclosing any additional matter or extending the protection conferred by the patent. ... more

Return of the “Mc”

In 2009, the Court of Appeal of Malaysia, decided on a landmark case between McCurry Restaurant (KL) Sdn Bhd v McDonald's Corporation. The case was first brought by McDonald's in the High Court for passing off against McCurry Restaurant (KL) Sdn Bhd. McDonald's claimed that the use of the word ‘Mc’ in the name of McCurry would cause confusion amongst the people due to the distinctive ‘Mc’ identifier. ... more

Trade Mark Protection for First User

In Malaysia, the first use of a trade mark is an important consideration when deciding who has priority of ownership or first claim to a trade mark. Unlike some countries like China which recognises first to file system, Malaysia acknowledges the right of the first user of a mark. What is first use? First use can be understood as the use of a trade mark prior to anyone else regardless of the extent of such use. Bear in mind that trade mark is territorial in nature, thus such use must be within Malaysia itself. ... more

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