The law of copyright is based on the principle that anyone who, by his or her own skill and labour, creates an original work shall enjoy the exclusive right to copy that work. Anyone who copies the created work without…
In a rare though welcome reversal, the Federal Court in Merck Sharp & Dohme & Anor v Hovid Berhad ([2019] 9 CLJ 1) has over-ruled its earlier authority on the effect of invalidation of an independent claim of a patent on the…
Earlier this year in a decision for Sunseap Group Pte Ltd & 2 Ors v Sun Electric Pte Ltd [2019] SGCA 4 (hereafter “Sunseap”)—a case between two Singapore based solar power companies—the Court of Appeal ruled that a High Court…
On 27 September 2019, Malaysia deposited the instrument of accession and became the 106th member country of the Madrid Protocol System. Prior to the said date, Malaysia was one of the two remaining ASEAN countries that still had not acceded…
Ch’ng Kim Chye & Anor t/a Lam Soon Huat v SP Yam Huat Sdn Bhd [2019] 10 MLJ 562 The Plaintiff is the common law owner of the following trademarks in respect of tobacco products. The Defendant is the registered…
An industrial design consists of the creation of a shape and configuration, or a pattern and ornamentation in two- or three-dimensional form containing aesthetic value that is used to produce a product, industrial commodity or handicraft. Processing of industrial design…