Counterfeit Goods: Potential liability of a Freight Forwarder

By Guodong Tan and Soh Kar Liang (Ella Cheong LLC) Facts In the recent case of Louis Vuitton Malletier v Megastar Shipping Pte Ltd and other suits [2017] SGHC 305, the Singapore High Court considered whether a freight forwarder who was involved in the transhipment of counterfeit goods was liable for trade mark infringement. Shipments of two containers loaded with counterfeit …

Upcoming Changes to Myanmar’s Trade Mark Law

By Kevin Wong(Ella Cheong LLC)   Over the past year, Intellectual Property (IP) practitioners around the world have been eagerly anticipating the implementation of Myanmar’s new IP regime. On 15 February 2018, four IP laws – the Trade Mark Law, Patent Law, Industrial Design Law and Copyright Law were passed by the Upper House of the Myanmar Parliament. They will …

UNDERSTANDING PARALLEL IMPORTS AND the “EXHAUSTION OF RIGHTS” DEFENCE – AN INTRODUCTION TO THE CASE OF SAMSONITE IP HOLDINGS SARL V AN SHENG TRADING PTE LTD [2017] SGHC 18 [Part 1 of 3]

By Kevin Wong and Eileen Fong (Ella Cheong LLC)   Parallel importation – defined perfectly by George Wei J in his latest judgment of Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd [2017] SGHC 18 – is “broadly concerned with situations where a third party, without the consent of the proprietor of an intellectual property right, imports the …

CHANGES TO INTELLECTUAL PROPERTY OFFICIAL FEES IN SINGAPORE COMING SOON

  The Intellectual Property Office of Singapore (IPOS) will be implementing some official fee revisions which will take effect from 1 April 2017. Some of the key changes are listed below:   Trade Marks Application: An application discount of about 30% will be available. However, it will only apply provided the entire specification of goods/services to be filed fully complies …

Trader keeps the [good] faith in a spare part in trademark doublebill: a case study in the case of Audi AG v Lim Ching Kwang

By Kevin Wong (Ella Cheong LLC) This article was first published on IPKat on 23 February 2017. For further information please visit http://www.ipkat.com/.   “In the Intellectual Property Office of Singapore case of AUDI AG v Lim Ching Kwang [2017] SGIPOS 2, German car maker AUDI AG applied on 31 March 2015 to revoke and declare invalid Registration No. T0911230B for …

EC Circular: CHANGES TO PROSECUTION AND RENEWAL PROCEDURE AMONG RECENT AMENDMENTS TO INDONESIAN TRADE MARKS LAW

  The publication of trade mark applications for opposition has been brought forward before substantive examination, while late renewal of trade mark registrations has been made available, as part of recent amendments to Indonesian trade marks law which came into force on 26 November 2016.   Publication: For Indonesian trade mark applications filed under the old law, the three-month publication …

PDPA COMPLIANCE: THE TIME IS NOW

by Rishi Gantan  (Ella Cheong LLC)   Data protection laws in Singapore are relatively new, as the Data Privacy Provisions of the Personal Data Protection Act (“PDPA”) came into force barely 2 years ago, shortly after the “Do Not Call” (“DNC”) regime was implemented.   However, compliance under this new law is stringent and many companies still are unaware of their …

Malaysia faces legal challenge in rights to Halal certification mark in Europe

By Zuhairy Fauzy (Ella Cheong IP Services Sdn Bhd)   Consumers may potentially have trouble keeping things halal in the wake of the recent case of Government of Malaysia v OHIM (18 November 2015, Case T-508/13), which revolves around the alleged passing-off of Malaysia’s Halal certification mark in the European Union. The certification mark takes the following form: To provide a …