Section
Case Notes
In ‘Magical’ ruling, Indian High Court rejects claim to laudatory sub-brand
03 August 2020Competing noodles are at issue for ITC and Nestlé
![Intellectual Property Office of Singapore Case Summary: Apple Inc. v Xiaomi Singapore Pte Ltd [2017] SGIPOS 10](https://asiaiplaw.com/img/no-image-medium.png)
Intellectual Property Office of Singapore Case Summary: Apple Inc. v Xiaomi Singapore Pte Ltd [2017...
21 August 2017What happens when two tech giants clash in the IP field? Allegations of copying look-and-feel abound, but the heart of this dispute concerns an application for registration of the MI PAD trade mark.
Delhi High Court Says Sale of Foreign-owned Marks Not Taxable
19 October 2016The Delhi High Court has ruled that the situs of IP for income tax purposes will be the location of the owner of the IP, regardless of where the IP is used or develops value. Radhika Parikh and Shipra Padhi explain.
Landmark Case for Counterfeit Goods Infringement in China
13 April 2016In a recent landmark decision, the newly-established Beijing Intellectual Property Court awarded record statutory damages in favour of a luxury outwear maker against a domestic apparel company. Edward Chatterton explains.
Building with Tainted Plans
16 December 2015Peter Bolam walks us through the recent court-ordered remodelling of an infringing home in Cairns.
The Non-use of ‘Parliament’ in Malaysia
15 October 2015Mere registration and renewal of a trademark isn’t enough to protect it, even when it was first registered in the 1950s. Geetha K tells the tale of how British American Tobacco lost its Parliament mark to Philip Morris in the Malaysian courts.
The Curious Case of Negative Matching
07 September 2015Recent decisions in English courts make it seem possible to infringe a competitor’s trademark even when you’re not using it. Lucy Nunn describes the curious case of negative matching.
Singapore: Abetment by Intentionally Aiding Counterfeiting Offences
13 March 2015A recent case in the Singapore High Court suggests that where an accused is charged with abetment by intentionally aiding persons to commit an offence under Section 49 of the Trade Marks Act, the prosecution will have to prove that the accu...
Test of Post Employment Service Inventions — A Case Study
18 November 2014Under current Chinese law, the same test should be adopted in determining service inventions created during employment and those created in one year after the termination of employment. The major test, says Sun Xi, is whether the employee’s wor...
Hong Kong Court Slashes Cross-undertaking Award
10 July 2014Jason Carmichael and Rebecca Williams summarize a recent Hong Kong Court of Final Appeal ruling on damages for “loss of chance” and some key points for litigators and their clients on expert evidence and cross-undertakings as to damages....
Thailand: Copyright Infringement of Geese in Reeds Sculpture
05 May 2014A recent ruling by the Supreme Court of Thailand provides a reminder that individual artists can enforce their rights against infringers. Nuttaphol Arammuang reports from Bangkok.
Regis Saga Comes to an End in Singapore: Trademark Law Clarified
29 January 2014In the landmark decision of Staywell Hospitality Group v. Starwood Hotels & Resorts Worldwide, the Singapore Court of Appeal was presented with an opportunity to clarify the principles applicable in opposition proceedings and infringement a...
Sunny Roo ‘Deceptively Similar’ to Sunny Boy, says Australian Court
29 July 2013The recent Australian Federal Court decision in SMA Solar Technology v. Beyond Building Systems provides a timely reminder about the interaction between the Trade Marks Act 1995, the common law tort of passing off and the ‘misleading and decept...