Case Notes

Intellectual Property Office of Singapore Case Summary: Apple Inc. v Xiaomi Singapore Pte  Ltd [2017] SGIPOS 10

Intellectual Property Office of Singapore Case Summary: Apple Inc. v Xiaomi Singapore Pte Ltd [2017...

What 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

Delhi High Court Says Sale of Foreign-owned Marks Not Taxable

The 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

Landmark Case for Counterfeit Goods Infringement in China

In 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

Building with Tainted Plans

Peter Bolam walks us through the recent court-ordered remodelling of an infringing home in Cairns.

The Non-use of ‘Parliament’ in Malaysia

The Non-use of ‘Parliament’ in Malaysia

Mere 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

The Curious Case of Negative Matching

Recent 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

Singapore: Abetment by Intentionally Aiding Counterfeiting Offences

A 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

Test of Post Employment Service Inventions — A Case Study

Under 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

Hong Kong Court Slashes Cross-undertaking Award

Jason 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

Thailand: Copyright Infringement of Geese in Reeds Sculpture

A 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

Regis Saga Comes to an End in Singapore: Trademark Law Clarified

In 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

Sunny Roo ‘Deceptively Similar’ to Sunny Boy, says Australian Court

The 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...

Please wait while the page is loading...

loader