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Dez 05, 2019
Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners
First published at www.taypartners.com.my

Malaysia: Trademarks Act 2019– What’s New?


Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners, First published at www.taypartners.com.mySince coming into force in 1983, the Malaysian Trade Marks Act 1976 is feeling the effects of the passage of time and will at long last be overhauled when the new Trademarks Act 2019 comes into force in late 2019. The bill was presented for first reading in Parliament on 9 April 2019 and was passed after the second reading on 2 July 2019.
While still fresh from the Parliamentary oven, we highlight some significant welcome changes in the new Act especially for the rights holders. It is worth noting that many of the proposed changes mirror or resemble the trademark provisions in other Commonwealth jurisdictions such as the UK Trade Marks Act 1994, the Australian Trade Marks Act 1995 and the Singaporean` Trade Marks Act to name a few.
The new Act will facilitate Malaysia’s accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (also known as the Madrid Protocol) which allows the filing of a single application to register a trademark in up to 120 countries. The days of Malaysian trademark owners  read more

Dez 05, 2019
Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners
First published at www.taypartners.com.my

Malaysia: Trademarks Act 2019– What’s New? (Part 2)


Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners, First published at www.taypartners.com.myIn this part two of the article, we highlight the major changes in the new Malaysian Trademark Act 2019 in respect of oppositions, invalidations, infringements and offences.
The new Act provides greater clarity by setting out the circumstances in which a party may oppose a trademark application. These include that the party has prior use of the trademark; that the trademark comes within one of the absolute and relative grounds of refusal in Sections 23 and 24; and that the trademark is identical or similar to a well-known trademark in Malaysia and is to be registered for similar goods or services. Save for the above, the opposition provisions in the new Act remain substantially the same.
With regard to invalidations, the old Act states that an aggrieved person may apply to rectify the trademark register for, among other grounds, any entry made without sufficient cause and any entry wrongfully remaining in the Register. These phrases often give rise to ambiguity  read more

Nov 19, 2019
Pravin Barthia, ENSafrica, Mauritius
First published at www.ensafrica.com

Mauritius: The Industrial Property Act 2019


Pravin Barthia, ENSafrica, Mauritius, First published at www.ensafrica.comOn 30 July 2019, the Mauritius Parliament passed the Industrial Property Bill 2019, which aims to update and strengthen protection of intellectual property rights in a way that is harmonised to meet the challenges of a globalised industry. The Bill received assent from the Interim President of the Republic of Mauritius on 09 August 2019 and was published in the Gazette on 10 August 2019. The Act shall come into operation on a date to be fixed by Proclamation and different dates may be fixed for the coming into operation of different sections  read more

Okt 21, 2019
Ngo Thu HUONG, KENFOX IP & Law Office, Vietnam
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A trademark-based domain name dispute heard by Court in...


Ngo Thu HUONG, KENFOX IP & Law Office, VietnamO.S GmbH is a multinational lighting manufacturer headquartered in Munich, Germany and owner of a series of OSRAM trademarks for lighting apparatus in Vietnam, particularly electric lamps and luminaires; parts of the aforementioned goods; light-emitting diode lamp modules. O.S GmbH detected that two ccTLD and (“Disputed Domain Names”) were registered in 2014 by a natural person in Vietnam, N.D.T and were resolved to the defendant’s active websites. The websites under the Disputed Domain Names were promoting  read more

Okt 10, 2019
Hongxia Wu, CCPIT Patent and Trademark Law Office, China
First published in Asia IP China Strategies Guide

Protection of Well-Known Trademark in China


Hongxia Wu, CCPIT Patent and Trademark Law Office, China, First published in Asia IP China Strategies GuideIt is often stated that in China a well-known trademark enjoys the broadest protection in a trademark legal system. This article will help you clearly understand how broad the protection scope of well-known trademark is in different circumstances and the related strategies. There is no sole well-known trademark protection law in China. We must explore the actual protection scope from different Chinese laws and judicial interpretations, which may mainly include the Chinese Trademark Law as well as the Interpretation of the Supreme People's Court on  read more

Okt 10, 2019
Igor Alfiorov and Yulia Kropivka, PETOŠEVIĆ Ukraine
First published at www.petosevic.com

Mattel Inc. Faced Trouble Registering Barbie® Trademark...


Igor Alfiorov and Yulia Kropivka, PETOŠEVIĆ Ukraine, First published at www.petosevic.comMattel Inc., US manufacturer of numerous globally known toy brands, faced problems trying to register its most famous trademark Barbie® in Ukraine, in certain classes of goods.
Mattel Inc. already owns trademark registrations for the famous doll brand in Ukraine. According to court papers, in September 2016, the US company filed a trademark application No. M201619948 to register the trademark BARBIE for goods in classes 8 (hand tools), 29 (meats and processed foods), 30 (staple foods) and 32 (light beverages). In February 2018, the Ukrainian PTO issued a provisional refusal against Mattel’s trademark application for being confusingly similar to the prior trademark БАРБІ (BARBI in Cyrillic), Reg. No. 32903, which covers goods in classes 29, 30 and 32, and was registered by “Food company Yasen”, LLC in July 2003. “Food company Yasen”, LLC is a Ukrainian manufacturer of soft drinks, mineral water, and confectionery products. According to Yasen’s  read more

Sep 19, 2019
Giulia Beneduci, De Berti Jacchia Franchini Forlani, Italy
First published at www.lexology.com

CJEU provides clarifications on jurisdiction for on-lin...


Giulia Beneduci, De Berti Jacchia Franchini Forlani, Italy , First published at www.lexology.comOn September 5, 2019, the Court of Justice of the European Union handed down a significant judgement on a request for a preliminary ruling concerning jurisdiction over EU trademark infringement performed electronically (CJEU, 05.09.2019, C-172/18, AMS Neve et al. vs. Heritage Audio et al.). In essence, the CJEU was asked to clarify whether the owner of an EU trademark alleging that its rights were infringed by a third party through advertising and offers for sale displayed electronically, could bring an action against such third party  read more


KENFOX IP & Law Office



Managing Director HUE Vu Anh

Managing Director HUE Vu Anh
Suite 219, 2nd Floor, Five Floor Building, Lane 109, Truong Chinh Str., Than Xuan District
Hanoi
Vietnam (VN)
Tel + 84 24 3724 5656
Fax + 84 24 3724 5885
info@kenfoxlaw.com
www.kenfoxlaw.com

KENFOX provides a full range of IP related services in Vietnam, Laos, Cambodia, Myanmar and other Asian countries. We are more flexible than traditional big-law firms and meet each client's needs in a productive and cost-effective manner.

The core team of KENFOX has accumulated rich experience in providing comprehensive legal services with respect to areas of practices that the firm focuses. The members of the firm have extensive experience in handling various national and international/cross-border legal and commercial transactions. As a law firm operating in various jurisdictions, KENFOX has the expertise, resources and strength in depth to meet the most demanding expectations of clients. A large proportion of matters on which the firm is instructed, whether contentious or non-contentious, are multi-jurisdictional. It is KENFOX’s policy to forge non-exclusive associations with laws firms in other jurisdictions noted for their expertise in particular fields and, in so doing, to ensure that the clients have the best advice and representation available.

KENFOX has many years’ experience in planning, coordinating and executing actions to combat IP infringement and piracy. KENFOX has coordinated with Anti-Smuggling and Investigation Department (ASID) of General Department of Vietnam Customs, Economic Police, Market Management Agencies in Vietnam, Laos, Cambodia, Myanmar and other Asian countries to successfully conduct many raids against traders and manufacturers of counterfeits and infringing trademarked goods, seizing thousands of counterfeit and infringing products.

We invite you to visit our website for further information regarding our firm and its specialists.

Mr Chu Thanh TU, Partner
Commercial, Intellectual property, Litigation

Ms Ngo Thu HUONG, Partner
Intellectual property, Commercial, Technology, Education

Mr Do Van SU, Senior Associate
Patent, Trademark, Industrial Design