Category: blog - ASEANIPR

Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane

Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane back to blog Category: Patent Law Reform Sources: Updates on the New Thai Patent Draft Act and Patent Fast Track Programs (APAA Online) Introduction For years, Thailand’s patent system has been in need of modernization to keep pace with the global innovation economy. That moment arrived in late 2024 with the public hearing for the groundbreaking new Thai Patent Draft Act. This legislative overhaul is not just a tune-up; it increases the law from 88 to 171 sections, fundamentally redesigning the IP landscape. The Green Fast-Track Expansion While the entire act is significant, the immediate game-changer for businesses is the expansion of the “Target Patent Fast-Track” program. Solidified in late 2024, the program now prioritizes “Green Innovations”—technologies related to clean energy, plastic alternatives, electric vehicles, and waste management. This means eco-friendly inventions can now jump the queue, drastically accelerating the time to grant. Modernizing Procedures & Transparency Beyond speed, the Draft Act introduces critical updates for compliance. It proposes a new requirement for applicants to declare the source of any genetic resources or traditional knowledge used in an invention, aligning Thailand with international transparency standards. It also streamlines the opposition process, moving it to a second publication stage after substantive examination, which is expected to reduce delays. The Business Impact For companies in the renewable energy or biotech sectors, this is a massive opportunity. A faster patent grant means quicker access to licensing revenue and investors. However, it also means your filing strategy must be perfectly aligned with the new “green criteria” to qualify. How ASEAN IPR Helps: Is your technology “green” enough for the express lane? ASEAN IPR’s patent specialists evaluate your invention against the DIP’s new criteria. We guide you through the specific requirements for the Green Fast-Track program, ensuring your application is not only filed correctly but is positioned to be accepted for accelerated examination. Other Blogs The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 • December 15, 2025 • cambodia blog The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 back to blog Category: Patent Renewals Sources: Update to … The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity • December 15, 2025 • Thailand blog The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity back to blog Category:Industrial Design Strategy Sources: Thailand’s Draft Industrial Design … Strict Liability: Understanding IP Enforcement in Brunei • December 16, 2025 • Brunei Darussalam blog Strict Liability: Understanding IP Enforcement in Brunei back to blog Category:Enforcement & Customs Sources: Brunei IP Guide 2025 (Asia IP) Introduction Brunei … Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap • December 15, 2025 • cambodia blog Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap back to blog Category: Patent Renewals Sources: IP Protection in Cambodia …

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The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity

Thailand blog / shubhamchauhan

The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity back to blog Category: Industrial Design Strategy Sources: Thailand’s Draft Industrial Design Act (2025) (Khurana & Khurana) Introduction Under Thailand’s current Patent Act, the rule is harsh: if you disclose your design to the public before filing an application, you destroy its novelty. This “absolute novelty” requirement has long been a trap for designers who display their work at exhibitions or test markets prematurely. The new Draft Patent Act, however, is poised to fix this with a long-awaited solution: a six-month grace period. The Grace Period Explained The proposed amendment, which was the subject of intense public discussion in early 2025, allows designers to disclose their work for up to six months prior to filing without losing the right to obtain a patent. This aligns Thailand with international standards (like the Paris Convention) and provides crucial breathing room for creators. Defining “Distinctive Character” The Draft Act also seeks to clarify the definition of a design by emphasizing that it must have a “distinctive characteristic.” This suggests that in the future, simply being new might not be enough; designs may face stricter scrutiny to ensure they are truly unique and not just minor variations of existing products. The exact criteria will be elaborated in future manuals from the Department of Intellectual Property (DIP). Preparing for the Change While the law is still being finalized, businesses must start adjusting their product launch strategies now. Understanding how to document your disclosure dates will be critical to taking advantage of the grace period once it is active. How ASEAN IPR Helps: Don’t let a premature launch kill your IP rights. ASEAN IPR is closely monitoring the legislative progress of the Draft Act. We advise clients on how to structure their product roadmaps to leverage the upcoming grace period and prepare evidence of disclosure, ensuring your designs remain protected even after a market test. Other Blogs The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 • December 15, 2025 • cambodia blog The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 back to blog Category: Patent Renewals Sources: Update to … The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure • December 15, 2025 • Philippines blog The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure back to blog Category:Anti-Counterfeiting Record Sources: NCIPR seizes record P40.99 billion … Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement • December 15, 2025 • Philippines blog Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement back to blog Category:Online & E-commerce Enforcement Sources: Counterfeit haul … Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap • December 15, 2025 • cambodia blog Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap back to blog Category: Patent Renewals Sources: IP Protection in Cambodia …

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Conceptual editorial illustration of a polished golden gear, symbolizing modern industry and innovation, interlocking seamlessly with an intricate traditional Myanmar floral motif, representing heritage and legal tradition. The materials are rendered with refined texture and soft highlights, avoiding excess ornamentation. A flowing ceremonial ribbon wraps around the interlocked forms, carrying the clear, authoritative text “PATENT LAW 2025” in elegant, legible typography. In the background, a serene sunrise over the pagodas of Bagan, softly silhouetted and bathed in warm dawn light, symbolizes a new beginning for innovation and legal reform. The sky transitions gently from deep amber to pale gold, adding depth without overpowering the central elements. Respectful cultural tone; balanced color palette (gold, warm earth tones, soft sunrise hues); harmonious blend of tradition and progress; high resolution; premium editorial illustration style suitable for patent reform, innovation policy, and Southeast Asian legal analysis.

A Historic Milestone: Myanmar Officially Opens for Patent Registration

myanmar blog / shubhamchauhan

A Historic Milestone: Myanmar Officially Opens for Patent Registration back to blog Category: The New Patent Law Sources: Myanmar Patent Law in effect from 31 May 2024 (Allen & Gledhill) Myanmar’s Patent Law Comes into Force (JTJB International) Introduction After years of anticipation, Myanmar has taken the final step in modernizing its intellectual property landscape. Following the “Grand Opening” of the Trademark Registry in 2023, the Department of Intellectual Property (IPD) officially began accepting Patent and Utility Model applications in late 2024, with full examination procedures rolling out in 2025. Why This Matters For decades, Myanmar relied on an outdated Registration Act where “patents” were merely declared, not examined. Now, under the Patent Law 2019 (implemented 2024/2025), the country has shifted to a formal “First-to-File” system. Inventions are now subject to substantive examination for novelty, inventive step, and industrial applicability, aligning Myanmar with global standards like the TRIPS agreement. The “Pharma” Exception Crucially for the pharmaceutical industry, the government has clarified that patent protection for pharmaceutical products will be deferred until January 1, 2033, utilizing a waiver available to Least Developed Countries (LDCs). However, “Mailbox” applications can be filed now to preserve priority dates until the protection period opens. How ASEAN IPR Helps: The transition from “Declaration of Ownership” to formal “Patents” is complex. ASEAN IPR helps you audit your old portfolio to determine which assets need to be re-filed under the new law. We also manage the specific “Mailbox” filings for pharmaceutical clients, ensuring your priority date is locked in for 2033. Other Blogs Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement • December 15, 2025 • Philippines blog Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement back to blog Category:Online & E-commerce Enforcement Sources: Counterfeit haul … Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap • December 15, 2025 • cambodia blog Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap back to blog Category: Patent Renewals Sources: IP Protection in Cambodia … Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane • December 15, 2025 • Thailand blog Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane back to blog Category:Patent Law Reform Sources: Updates on the New … The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 • December 15, 2025 • cambodia blog The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 back to blog Category: Patent Renewals Sources: Update to …

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Ultra-realistic documentary-style photograph of stacked shipping containers at Yangon Port, arranged in clean industrial rows under natural daylight. A subtle digital overlay of a transparent shield icon is superimposed over the containers, symbolizing copyright protection and border enforcement without overpowering the scene. In the foreground, a Myanmar customs officer in official attire is holding a clipboard with a clearly visible form titled “COPYRIGHT RECORDATION”, reinforcing formal legal procedure and compliance. The officer’s posture is professional and focused, suggesting active inspection and enforcement. Background elements include cranes, port infrastructure, and logistics equipment, softly blurred to maintain depth and realism. Serious operational tone; neutral industrial color palette with restrained blue highlights from the digital shield; shallow depth of field; high resolution; photojournalistic editorial style suitable for IP recordation, customs enforcement, and anti-counterfeiting policy coverage.

Stopping Fakes at the Border: Myanmar’s New Customs Recordation Rules

myanmar blog / shubhamchauhan

Stopping Fakes at the Border: Myanmar’s New Customs Recordation Rules back to blog Category: Customs Recordation Sources: Myanmar Sets Customs Recordation Rules (Tilleke & Gibbins, 2025) Introduction Enforcement in Myanmar has often been challenging, but 2025 brings a powerful new tool for rights holders. The Ministry of Planning and Finance has issued Notification 107/2025, establishing the official procedures for Customs Recordation of Copyrights and Trademarks. How It Works Under the new system, IP owners can register their rights directly with the Customs Department. This creates a “watch list” for customs officers. If a shipment of suspected counterfeit goods is detected, officers can now detain the goods and notify the rights holder, who then has a fixed window (typically 10-15 days) to inspect the goods and initiate legal action. A Shift to Proactive Enforcement Previously, stopping counterfeits at the border required specific court orders for every shipment. This new “Recordation” system allows for ex officio action—meaning customs can act on their own initiative based on your recordal, drastically reducing the reaction time needed to stop fakes from entering the market. How ASEAN IPR Helps: Don’t wait for fakes to hit the streets of Yangon. ASEAN IPR manages the administrative process of Customs Recordation. We submit the required “Form 1” to the Customs Department and provide training guides to officers, teaching them how to spot fake versions of your specific products. Other Blogs Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement • December 15, 2025 • Philippines blog Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement back to blog Category:Online & E-commerce Enforcement Sources: Counterfeit haul … The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure • December 15, 2025 • Philippines blog The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure back to blog Category:Anti-Counterfeiting Record Sources: NCIPR seizes record P40.99 billion … Laos Toughens Up: New IP Law Brings 60-Day Opposition Windows • December 16, 2025 • laos blog Laos Toughens Up: New IP Law Brings 60-Day Opposition Windows back to blog Category:New IP Law 2024/2025 Sources: Laos Issues Updated Law … April 1, 2025: The Day European Patents Became Valid in Laos • December 16, 2025 • laos blog April 1, 2025: The Day European Patents Became Valid in Laos back to blog Category:European Patent Validation Sources: Launch of the European …

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Google v. Green Radar: A New Precedent for “Distinctiveness” in Singapore

singapore blog / shubhamchauhan

Google v. Green Radar: A New Precedent for “Distinctiveness” in Singapore back to blog Category: Trademark Opposition Sources: Google LLC v Green Radar (Singapore) Pte Ltd [2024] SGIPOS 1 Introduction In the high-stakes world of intellectual property, the line between a “descriptive” term and a “distinctive” brand is often where legal battles are won or lost. For businesses operating in Singapore, a recent 2024 decision by the Intellectual Property Office of Singapore (IPOS) has sharpened this line, offering critical lessons for global brands. The Case: Big Tech vs. The Newcomer In the standout case of Google LLC v Green Radar (Singapore) Pte Ltd [2024], the tech giant Google opposed the registration of the mark “GREEN RADAR”. Google argued that the mark was confusingly similar to its own “RADAR” mark used for similar security services. The core of the dispute rested on whether “RADAR” was distinctive enough to command broad protection, or if it was merely descriptive of monitoring and scanning services. The Verdict and Its Meaning The Registrar ultimately allowed the “GREEN RADAR” mark to proceed, noting that while “RADAR” has a technical meaning, the addition of “GREEN” created a sufficient difference in the composite mark. The decision reinforced a crucial principle in Singaporean trademark law: owning a mark that alludes to the function of the service (like “Radar” for scanning/security) provides a narrower scope of protection than a purely invented word (like “Kodak” or “Exxon”). Why This Matters for Your Business This ruling is a wake-up call for companies relying on “suggestive” brands. If your trademark describes what you do—even vaguely—you may find it difficult to stop competitors from using similar terms. It highlights the necessity of conducting a “Distinctiveness Stress Test” before entering the Singapore market. How ASEAN IPR Helps: Navigating the nuances of IPOS decisions requires more than just a search algorithm; it requires legal analysis. At ASEAN IPR, we review your proposed trademarks against the latest case law like Google v Green Radar. We help you pivot away from weak, descriptive terms toward robust, defensible brands that can withstand opposition from even the biggest industry players. Other Blogs Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents • December 16, 2025 • Brunei Darussalam blog Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents back to blog Category:Patent Cooperation Sources: BruIPO & CNIPA Substantive Patent Examination Training … Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane • December 15, 2025 • Thailand blog Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane back to blog Category:Patent Law Reform Sources: Updates on the New … Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap • December 15, 2025 • cambodia blog Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap back to blog Category:Patent Renewals Sources: IP Protection in Cambodia (Update … Strict Liability: Understanding IP Enforcement in Brunei • December 16, 2025 • Brunei Darussalam blog Strict Liability: Understanding IP Enforcement in Brunei back to blog Category:Enforcement & Customs Sources: Brunei IP Guide 2025 (Asia IP) Introduction Brunei …

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Beyond Registration: Defending Your Mark Against “Dilution” in Singapore

singapore blog / shubhamchauhan

Beyond Registration: Defending Your Mark Against “Dilution” in Singapore back to blog Category: Trademark Strategy Sources: Google LLC v Green Radar (Singapore) Pte Ltd [2024] SGIPOS 1 Twitter, Inc. v V V Technology Pte Ltd [2022] SGHC 293 Introduction Many business owners believe that once they hold a trademark registration certificate, the war is won. However, recent trends in Singaporean IP law suggest that the battle against “dilution” is just beginning. As the market becomes crowded, the threat isn’t just direct copying—it’s the gradual “blurring” of your brand’s uniqueness. The “Blurring” Threat Under Singapore’s Trade Marks Act, a well-known trademark can be protected against “dilution by blurring” or “unfair advantage”. This occurs when a competitor uses a similar mark that doesn’t necessarily confuse the customer but whittles away at the distinctiveness of your famous brand. In recent opposition hearings, examiners have had to weigh whether a new mark would “call to mind” an earlier famous mark in a way that damages its singular hold on the consumer’s mind. The Evidence Gap A key takeaway from recent IPOS hearings is the high evidentiary burden required to prove reputation. Simply showing sales figures is often not enough. You must demonstrate that the Singaporean public perceives your mark as a “household name.” Without this specific, localized evidence, claims of dilution often fail, leaving famous global brands vulnerable to local lookalikes. Strategic Defense To protect against dilution, brands must actively curate evidence of their fame within Singapore—from local advertising spend to survey data. Waiting until an infringement occurs to gather this data is often too late. How ASEAN IPR Helps: We don’t just file your trademark; we build your defense arsenal. ASEAN IPR assists clients in compiling “Evidence of Use” packages that meet the strict standards of IPOS tribunals. Whether you are asserting a well-known mark status or defending against a dilution claim, our team ensures your portfolio is backed by the hard data needed to win. Other Blogs Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane • December 15, 2025 • Thailand blog Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane back to blog Category:Patent Law Reform Sources: Updates on the New … Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap • December 15, 2025 • cambodia blog Cambodia’s Digital Leap: Mandatory Online Filings & The “5th Year” Trap back to blog Category:Patent Renewals Sources: IP Protection in Cambodia (Update … Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents • December 16, 2025 • Brunei Darussalam blog Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents back to blog Category:Patent Cooperation Sources: BruIPO & CNIPA Substantive Patent Examination Training … The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 • December 15, 2025 • cambodia blog The Free Ride is Over: Cambodia Enforces Strict Patent Renewal Penalties in 2025 back to blog Category:Patent Renewals Sources: Update to Cambodia’s …

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The End of the UGC Loophole: Indonesia’s Constitutional Court Rules on Content Piracy

indonesia blog / shubhamchauhan

The End of the UGC Loophole: Indonesia’s Constitutional Court Rules on Content Piracy back to blog Category:Copyright & Digital Platforms Sources: Indonesia moves to modernize copyright law for user-generated content (Asia IP) Shift in Responsibility as Digital Service Platforms Become Responsible (Assegaf Hamzah & Partners) Update on Fines and Content Takedowns for Online Platforms in Indonesia (Makarim & Taira S.) Introduction For years, Indonesia’s digital landscape was a “Wild West” for copyright. The 2014 Copyright Law had a major blind spot: it didn’t explicitly cover “User-Generated Content” (UGC) platforms. This allowed piracy to thrive on social media and video-sharing sites, with platforms claiming they were mere intermediaries. A pivotal ruling by the Indonesian Constitutional Court has changed everything, sparking a wave of legal reforms in 2025. The Constitutional Court Ruling The Court ruled that the definition of “place of trade” in the Copyright Law was too narrow and must be interpreted to include UGC-based digital platforms. This decision effectively declared that platforms are no longer passive bystanders; they have a legal responsibility to prevent the distribution of infringing content. This paved the way for new government regulations targeting platforms that fail to manage their content. The New “SAMAN” System Following the ruling, the Ministry of Communication and Digital Affairs introduced the Content Moderation Compliance System (SAMAN). This system, which began its pilot phase in late 2024 and is ramping up throughout 2025, imposes administrative fines on platforms that fail to remove prohibited content—including copyright infringement—within specified timeframes. What This Means for Rights Holders This is a monumental shift. Creators and brands now have powerful new legal leverage to demand takedowns. Platforms are now compelled to implement proactive filtering and more responsive notice-and-takedown procedures to avoid heavy fines. How ASEAN IPR Helps: The rules of digital engagement have changed. ASEAN IPR helps you utilize these new legal tools. We work with content owners to issue legally compliant takedown notices that leverage the Constitutional Court ruling and the new SAMAN regulations, ensuring platforms take your infringement claims seriously. Other Blogs Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents • December 16, 2025 • Brunei Darussalam blog Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents back to blog Category:Patent Cooperation Sources: BruIPO & CNIPA Substantive Patent Examination Training … A New Era Begins: Timor-Leste Approves Industrial Property Code in 2025 • December 16, 2025 • Timor leste blog A New Era Begins: Timor-Leste Approves Industrial Property Code in 2025 back to blog Category:The New IP Code Sources: Govt approves Industrial … Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane • December 15, 2025 • Thailand blog Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane back to blog Category:Patent Law Reform Sources: Updates on the New … The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity • December 15, 2025 • Thailand blog The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity back to blog Category:Industrial Design Strategy Sources: Thailand’s Draft Industrial Design …

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The Economic Cost of Fakes: Why Indonesia is Getting Tough on IP Violations

indonesia blog / shubhamchauhan

The Economic Cost of Fakes: Why Indonesia is Getting Tough on IP Violations back to blog Category: Trademark Opposition Sources: Cases of Intellectual Property Rights Violations in Indonesia (AMR Partnership) Introduction Intellectual Property Rights violations—from counterfeit fashion to pirated software—remain a critical issue in Indonesia, causing significant financial losses for businesses and the national economy. In 2025, the government has signaled a renewed commitment to enforcement, recognizing that a failure to protect IP damages investor confidence and stifles local innovation. The Scope of the Problem Recent reports highlight that the creative industries—music, film, and fashion—suffer the most from unauthorized reproductions. But the threat goes beyond lost revenue; counterfeit goods, particularly in sectors like pharmaceuticals and automotive parts, pose serious safety risks to consumers. The technology sector also faces numerous patent violations, with companies unlawfully using patented innovations without licensing. Stronger Legal Sanctions Indonesia’s laws are not toothless. Under the Copyright Law of 2014 and Patent Law of 2016, perpetrators can face severe penalties, including fines of up to IDR 4 billion or a 10-year prison sentence for copyright infringement. Trademark violations can lead to license revocation and multi-billion rupiah fines. The challenge has always been consistent enforcement. The New Push for Collaboration Effective enforcement requires more than just laws; it needs action. The government is currently pushing for stronger collaboration between government agencies, legal professionals, and business owners to improve monitoring systems and execute raids. How ASEAN IPR Helps: Your brand’s reputation isn’t worth the risk. ASEAN IPR is your boots-on-the-ground partner for enforcement in Indonesia. We conduct market surveys to identify infringers and work directly with local law enforcement to build cases for civil lawsuits or criminal raids, ensuring the full weight of Indonesian law is brought to bear on counterfeiters. Other Blogs Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins • December 15, 2025 • vietnam blog Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins back to blog Category:The New IP Law Sources: Vietnam’s Amended IP Law Changes Requirements … The “SuperApp” Trap: High Court Rules on Using Competitor Trademarks in Apps • December 15, 2025 • malaysia blog The “SuperApp” Trap: High Court Rules on Using Competitor Trademarks in Apps back to blog Category:Trademark Infringement Case Study Sources: High Court … The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure • December 15, 2025 • Philippines blog The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure back to blog Category:Anti-Counterfeiting Record Sources: NCIPR seizes record P40.99 billion … The Wait is Over: Malaysia’s Post-Grant Patent Opposition Goes Live in Late 2025 • December 15, 2025 • malaysia blog The Wait is Over: Malaysia’s Post-Grant Patent Opposition Goes Live in Late 2025 back to blog Category:The New Opposition System Sources: Regional …

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The Wait is Over: Malaysia’s Post-Grant Patent Opposition Goes Live in Late 2025

malaysia blog / shubhamchauhan

The Wait is Over: Malaysia’s Post-Grant Patent Opposition Goes Live in Late 2025 back to blog Category:The New Opposition System Sources: Regional Round-Up: Malaysia Q3 2025 (Rajah & Tann Asia) Patent Opposition – A New Chapter in Malaysia’s Patent System (Tay & Partners) Introduction For years, the Malaysian patent community has been in a state of suspended animation regarding one critical update. While the Patents (Amendment) Act 2022 was passed years ago, the specific provisions for Post-Grant Opposition (Section 55A) were held back. The wait is finally ending. Legal updates confirm that this long-awaited mechanism is scheduled to come into full operation on December 31, 2025. Why This Changes Everything Previously, if a competitor obtained a weak patent that blocked your business, your only option was to file a lawsuit in the High Court—a process costing hundreds of thousands of Ringgit and taking years. The new Post-Grant Opposition allows “any interested person” to challenge a patent via an administrative process at the Intellectual Property Corporation of Malaysia (MyIPO) within six months of its grant publication. The New Battlefield This creates a new tactical window. Competitors will now be monitoring the IP Official Journal like hawks. If you are a patent holder, your “Grant” is no longer the finish line; it’s the start of a 6-month danger zone where your invention can be attacked on grounds of novelty or non-compliance without a judge ever seeing it. How ASEAN IPR Helps: Are you ready to use this new weapon—or defend against it? ASEAN IPR offers a “Patent Watch” service to alert you immediately when a competitor’s patent is granted, giving you the full 6-month window to prepare an opposition. Conversely, for patent owners, we conduct “stress tests” on your claims before the opposition window opens to ensure they can withstand administrative scrutiny. Other Blogs Beyond Registration: Defending Your Mark Against “Dilution” in Singapore • December 15, 2025 • singapore blog Beyond Registration: Defending Your Mark Against “Dilution” in Singapore back to blog Category:Trademark Strategy Sources: Google LLC v Green Radar (Singapore) Pte … The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure • December 15, 2025 • Philippines blog The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure back to blog Category:Anti-Counterfeiting Record Sources: NCIPR seizes record P40.99 billion … The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity • December 15, 2025 • Thailand blog The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity back to blog Category:Industrial Design Strategy Sources: Thailand’s Draft Industrial Design … Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement • December 15, 2025 • Philippines blog Taking Down the Digital Fakes: IPOPHL’s New Strategy for Online IP Enforcement back to blog Category:Online & E-commerce Enforcement Sources: Counterfeit haul …

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The “SuperApp” Trap: High Court Rules on Using Competitor Trademarks in Apps

malaysia blog / shubhamchauhan

The “SuperApp” Trap: High Court Rules on Using Competitor Trademarks in Apps back to blog Category:Trademark Infringement Case Study Sources: High Court finds AirAsia SuperApp’s Use of Third Party Names… (Skrine, July 2024) Introduction In a landmark decision that has sent shockwaves through the e-commerce sector, the Malaysian High Court delivered a critical judgment in 2024 regarding the AirAsia SuperApp. The case involved the platform selling flight tickets from competitors (Malaysia Airlines and Firefly) without their direct authorization, using their logos and brand names on the app interface. The Ruling: “Use” vs. “Use as a Trademark” The defendant argued that they were merely acting as an aggregator (like a travel agent) and not using the marks to confuse customers. However, the High Court rejected this, ruling that the unauthorized display of the plaintiffs’ logos constituted trademark infringement. The court emphasized that in the modern digital economy, using a competitor’s logo to drive traffic and sales on your own “SuperApp”—even if you are selling their genuine tickets—can still violate their exclusive rights if not authorized. Implications for Digital Platforms This case sets a massive precedent for marketplaces and aggregators in Malaysia. It signals that the “booking agent” defense has limits. You cannot simply scrape data and use another company’s branding to build your platform’s credibility without a commercial license. How ASEAN IPR Helps: If you run a digital platform, your UI/UX design might be a legal liability. ASEAN IPR conducts “Platform IP Audits” to ensure your use of third-party logos (partners, suppliers, or competitors) is legally compliant. We help negotiate the necessary licensing agreements to keep your app running without the risk of a High Court injunction. Other Blogs Laos Toughens Up: New IP Law Brings 60-Day Opposition Windows • December 16, 2025 • laos blog Laos Toughens Up: New IP Law Brings 60-Day Opposition Windows back to blog Category:New IP Law 2024/2025 Sources: Laos Issues Updated Law … Compulsory Licensing & New Grounds for Patent Invalidation in Vietnam • December 15, 2025 • vietnam blog Compulsory Licensing & New Grounds for Patent Invalidation in Vietnam back to blog Category:Patent Strategy Sources: Amendments to Vietnam’s IP Laws to … Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins • December 15, 2025 • vietnam blog Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins back to blog Category:The New IP Law Sources: Vietnam’s Amended IP Law Changes Requirements … Stopping Fakes at the Border: Myanmar’s New Customs Recordation Rules • December 15, 2025 • myanmar blog Stopping Fakes at the Border: Myanmar’s New Customs Recordation Rules back to blog Category:Customs Recordation Sources: Myanmar Sets Customs Recordation Rules (Tilleke …

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