Power Up Your Business With Branding, Franchising & Trademarks
How much do you really know about Branding, Franchising or Trademarks?
You’ve heard of these 3 terms but do you know how to effectively use them as tools to build and expand your business locally and internationally? Ask yourself this: Is your business where you want it to be?
Join us on 25th and 26th September 2013 and we’ll show you how your business can reap huge benefits from these 3 amazing tools.
India Raises The Bar On Patentability Of Pharmaceuticals
In the much awaited decision of the Supreme Court of India in the case of Novartis AG vs. Union of India and others, the Supreme Court upheld the decision of the Indian Patent Office which refused to grant a patent on the beta crystalline form of the imatinib mesylatechemical compound, a therapeutic drug for chronic myeloid leukemia and specific types of tumours that is marketed under the names “Glivec” or “Gleevec”.
There were several issues before the Supreme Court such as whether the amended Patents Act 1970 of India was constitutional; whether the amendments were outside the TRIPS Agreement to which India is a signatory; and whether the beta crystalline form of imatinib mesylate was new and inventive over what was already known in the prior art.
[Malaysia SME] Contract Manufacturer or Competitor?
Ever Thought Of A Franchise As A Marriage?
In a very interesting piece published in The Star newspaper recently, the chairman of the Malaysian Franchise Association (MFA), Abdul Malik Abdullah, who is also the owner of D’Tandoor Food Industries Sdn Bhd, expressed that “the relationship between a franchisor and franchisee is just like a marriage, at the early stage it could all be rosy and beautiful.” With that analogy, he probably meant that it takes perseverance, love and dedication to see the relationship head towards success. That compromise is needed in a marriage is an understatement and likewise, compromise is also required between the franchisor and franchisee to make the franchised business work.
The franchise industry has been growing in Malaysia, with a lot of new foreign and local brands being introduced into the market. Statistics from MFA show that the number of franchisors has risen in a steady manner since the year 2000.
[Business Today] Bulletproofing Ideas
[The Petri Dish] Gene Patenting: To patent or not to patent
[Malaysia SME] Bouquets & Compliments
“Handicapped” Protection For Descriptive Marks
The Singapore Court of Appeal (CA) was recently asked to decide on whether a descriptive mark could be protected against passing off if the descriptive elements of the mark were used by another party. The case was an appeal by the Singapore Professional Golfers’ Association (SPGA) against the decision of the High Court which found in favour of Singapore Senior PGA LLP (SSPGA).
In a previous issue of our KASS IP exposé, we looked at how, in January 2011, SPGA brought a passing off suit against the SSPGA in respect of the latter’s use of a similar name and set of initials (i.e. SPGA) in the High Court. In his judgment the High Court Judge held that firstly, SPGA had failed to establish any misrepresentation by SSPGA. Secondly, because SPGA’s trademark consisted of ordinary descriptive words/initials which had not been shown to have acquired distinctiveness, the addition of the words “Senior” and “LLP” in SSPGA’s trademark is sufficient to distinguish the business of both parties from each other. Thirdly, the relevant consumers (i.e. professional/amateur golfers), who are knowledgeable individuals, would not be confused into thinking that SPGA is associated with SSPGA. Lastly, SPGA’s allegation of bad faith on the part of SSPGA was unfounded. Consequently, the action was dismissed by the High Court.
[The Petri Dish] Employing Software in Life Science Products
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