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TM Legal Snippets

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…

Industrial Designs in Malaysia

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…

A Change Would Do Us Good

After close to a decade of intermittent discussions, proposals, referendums and making up for lost time between the powers-that-be and stakeholders, the new Trademarks Bill (and soon to be Act) of 2019 finally see the light of day. This would…

Patentability of Computer-Related Inventions in Malaysia

The patent-eligibility of computer-related inventions is a hot topic worldwide. The situation is seemingly forever in flux as the courts and patent offices around the world develop case law on the subject and constantly update their official practice. We are…

A Bintang Is Born

In Heineken Asia Pacific Pte Ltd v Super La Via Sdn Bhd [2019] MLJU 117, the Plaintiff is a company incorporated in Singapore and part of the Heineken Group which produces, packages, distributes, markets and sells more than 50 acclaimed beer, non-alcoholic…

Geographical Indication (“GI”) Legislation in Singapore

Following the European Parliament’s consent for the European Union-Singapore Free Trade Agreement (EUSFTA), the Registry of Geographical Indications was launched by the Intellectual Property Office of Singapore to allow registration of geographical indications (“GIs”) effective from 01 April 2019. Prior…