The asia domain extension has been introduced and trademark owners with their marks registered anywhere in the world should highlight September 2007 in their diaries as the registration period for them opens then. There are three phases for these type of applicants:
SECURING TECHNOLOGY/ KNOW-HOW WITHOUT PAYMENT
Industries and entrepreneurs often look for technology to solve technical problems or to start a new business. It is said technology comes with a price and nothing is free.This statement though true in some circumstances, is not applicable in all circumstances. This article will discuss the manner of obtaining valuable technology without the payment of any technology fees, licensing or royalty fees.
Malaysia is one of the few countries that has a ‘utility model’ system under its patent rights system. The Patent Act 1983 grants two types of right for invention – first is a patent right per se and the second is what is referred to as ‘Certificate for Utility Innovation’ (hereinafter referred to as “CUI”). Many owners of novel industrial products are not fully clear of what is the best way to protect the intellectual property rights for their products. This article will attempt to explain the unique features of the Malaysian CUI, to show the differences between a CUI and Industrial Design Rights and to give some practical advice on the best way to protect novel industrial products in Malaysia.
Like in other countries, patents for industrial products are granted when the claimed feature(s) of the product are (i) novel; (ii) involves an inventive step (that is it is not obvious to a person skilled in the art); and (iii) it is industrially applicable. To qualify for a patent,Malaysia demands absolute novelty – in that, the invention should not have been published anywhere in the world by way of oral disclosure, written documents or by way of use.
The feud between two different parties claiming to be owners of the trademark SRI PAANDI was highlighted to the public sometime in 2005 when the parties opened their South Indian restaurants near each other in the same block of shop lots in Petaling Jaya (PJ).
Confusion arose among customers as not only did the restaurants have the same name in the same type font, but the waiters of both restaurants were also clad in the same purple-coloured uniform. It did not help that both restaurants claimed to originate from the well-known SRI PAANDI restaurant in Brickfields, which is known for its delicious South Indian food.