News

For our clients and friends who wish to keep up to date with the legal scene in Singapore and the rest of Asia, or find the latest discussions on legislative updates and summaries of decisions rendered by the courts, please do sign up to receive our e-newsletters. With so many jurisdictions under our wings, it is no wonder that our editorial team is constantly in a flurry of activity.

Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorporated [2023] SGCA 37
The Court of Appeal has allowed “Prosecco”, after careful consideration of the relevant provision in Singapore’s Geographical Indication Act, to be registered in Singapore as a Geographical Indication (GI). Ultimately, it was found that there was insufficient evidence to show that the average Singaporean consumer was likely to be misled by the use of the same term on wines sold within its shores.

HMV Brand Pte. Ltd. v Yongfeng Trade Co., Limited [2023] SGIPOS 7
After a paper hearing, the Intellectual Property Office of Singapore has invalidated a trade mark registered in the form of the famous logo of a dog looking at a gramophone internationally recognised as logo for HMV (the music store). The applicant HMV Brand successfully argued that the mark was registered under bad faith.

Gan Eng Joo Onassis & SG Mr Kopi Private Limited [2023] SGIPOS MED 1
A dispute between two Singapore entities, Mr Kopi and Sg Mr Kopi Pte Ltd over the registration of the latter’s trade mark was successfully resolved through mediation by the WIPO Arbitration and Mediation Center. This mediation was done under IPOS’ REMPS, a scheme which reimburses parties with mediation costs of up to S$14,000.

Baidu Online Network Technology (Beijing) Co Ltd v Baidu Europe BV ([2023] SGIPOS 2)
The Intellectual Property Office of Singapore (IPOS) has ruled on the invalidation of trade marks registered by an infamous trade mark troll, reassuring established and well-known companies that their marks will be protected against those who would hijack their marks for their own gain or nefarious purposes.

Siemens Industry Software Inc. vs Inzign Pte Ltd [2023] SGHC 50
The Singapore High Court has ruled on the doctrine of vicarious liability and its applicability in copyright infringement. The court found that employers should manage their employees appropriately to prevent secondary liability from being imposed in such situations.

Ong Heng Chuan v Ong Teck Chuan and others [2021] SGHC 46
The Court of Appeal has issued a decision on shareholder minority oppression, emphasising that oppression actions only apply where a wrong has been caused to a minority shareholder in their personal capacity, as opposed to a wrong to the company.

Australian Grape and Wine In. V Consorzio di Tutela della Denominazione di Origine Controllata Prosecco [2021] SGIPOS 4
The Intellectual Property Office of Singapore (IPOS) has ruled on an opposition against the registration of “Prosecco” as a geographical indication in respect of wines. IPOS found that the opposition has failed in both of its attempted grounds.

Xiaomi v MiChat [2021] SGIPOS 2
The Intellectual Property Office of Singapore (IPOS) held that an opposition by Xiaomi Inc against an applicant who sought to register ‘MiChat’ as the mark has succeeded in some classes but not others. The Registrar in making its decision found that the marks were overall more similar than dissimilar such that there was a likelihood of confusion on the part of the public.

Charlotte Pipe and Foundry Company v YITAI Plastic Corp [2020] SGIPOS 14
The Intellectual Property Office of Singapore (IPOS) has ruled on a trade mark opposition matter, and found that the opposition succeeded on the claim of passing-off. In making its decision, the IP Adjudicator made clear the important of having sufficient and relevant evidence to support arguments made for trade mark opposition matters. Even large corporations cannot let their reputation speak for themselves when making a claim that they are well-known.

Pyramid Scheme or Multi-Level Marketing? What is the difference?
This article breaks down Singapore’s regulations, including the Multi-Level Marketing and Pyramid Selling (Prohibition) Act 1973, to help businesses stay compliant and protect consumers.

Enhancement to the Deposit Insurance Scheme in Singapore
The Monetary Authority of Singapore has introduced enhancements to the Deposit Insurance scheme.

Facilitating the Growth of Single Family Offices (“SFOs”) in Singapore
The Monetary Authority of Singapore (“MAS”) has recently issued its response to the feedback received from the public consultation on the proposed framework for SFOs on 6 November 2024. This consultation, initiated in July 2023, aimed to refine the regulatory landscape for SFOs operating in Singapore, ensuring a balance between growth and regulatory oversight.

Benchmarking international finacial reporting standards for Singapore authorised collective investment schemes to benefit managers and investors
The Monetary Authority of Singapore (“MAS”) had issued a consultation paper on 15 August 2024 (“Consultation Paper”) to phase out the Statement of Recommended Accounting Practice 7: Reporting Framework for Investment Funds (“RAP 7”), in favour of the more internationally recognised Singapore Financial Reporting Standards (International) (“SFRS(I)”), in respect of collective investment schemes authorised by the MAS under the Securities and Futures Act 2001 of Singapore (“Authorised Schemes”) (including real estate investment trusts (“REITs”).

Less than 3 months to the Implementation of Flexible Work Arrangement (“FWA”)
In today’s dynamic work environment, flexibility has become a crucial aspect of maintaining work-life balance and enhancing productivity. To address this, the Tripartite Guidelines on Flexible Work Arrangement Requests (the “Guidelines”) have been developed (involving the Ministry of Manpower, National Trades Union Congress, and the Singapore National Employers Federation) to provide a structured approach to managing such requests.

Walking the Tight Rope – Balancing the Needs of Parents Versus Employers
Prime Minister Lawrence Wong made his maiden National Day Rally speech on 18 August 2024 (Sunday). One of the key developments was the announcement of a revamped shared parental leave scheme and an increase in the paternity leave. This is likely to cause a stir amongst business owners with the impact being felt differently depending on the scale and size of their businesses.

Charity Law Update
The Charity Council has published the revised Code of Governance for Charities and Institutions of a Public Character, which came into effect on 1 January 2024. The Revised Code introduces 6 principles which charities should adopt to achieve a high standard of governance, in addition to other revisions, such as the option of partial compliance with the Governance Evaluation Checklist.

Doing Business in Singapore
This article examines the reasons why doing business in Singapore is a great choice for those seeking success and growth.

Proposed Amendments under the Intellectual Property Bill 2021
The Intellectual Property Office of Singapore has published a bill seeking to amend various IP laws in Singapore which seeks to streamline IP processes and reduce the administrative burden of those seeking IP protection in Singapore.

Proposed Amendments under the Copyright Bill
Proposed amendments to the Copyright Act are expected to come into effect by the end of 2021. Amongst others, key amendments proposed seek to accord stronger moral rights to authors and performers, and make the law more accessible to laypersons.

Protecting Your Design: Rights, Registration and Renewal
This article provides a preliminary overview over the registered design regime in Malaysia, discussing various topics such as what makes a design registrable, why register a design and what the difference is between a design and a copyright.

Personal Data Protection Commission Revised Guide on Active Enforcement
This article details some of the PDPC’s new powers on alternative dispute resolution and enforcement actions, including the PDPC being able to accept an organisation’s voluntary undertaking or come to an expedited breach decision.

Transitioning Back to the Office
As employees transition back to work in the office after a year of remote work arrangements, this article discusses the requirements for safe management measures at the workplace, and whether employers can implement a ‘no jab, no job’ policy in Singapore.

Simplified Insolvency Programme
In response to the COVID-19 pandemic, the Ministry of Law has established the Simplified Insolvency Programme to assist small companies in the restructuring of their debts, or to wind up their company. 

2024 APAA 76th Council Meeting
The 76th Council Meeting of the Asian Patent Attorneys Association (APAA) was held from 18 to 21 November 2024 in the beautiful and dynamic country of the Philippines.

2024 AIPPI World Congress
The 2024 AIPPI World Congress brought together IP professionals from around the globe for networking, a high-quality educational program, dynamic debates, and the development of constructive, relevant, and timely resolutions on IP laws. The event was held on 19-22 October 2024 in Hangzhou, China, offering a platform for thought leadership and collaboration in the field of intellectual property.

IP Week @ SG 2024
Into its thirteenth edition, IP Week @ SG 2024 is the world’s premier Intellectual Property (IP) event which brings together IP thought leaders, legal experts and innovative enterprises.

Singapore Apex Business Summit 2024
The Singapore Apex Business Summit 2024 returns bigger and better, offering a unique platform to connect, collaborate and shape the future of business. Join industry leaders, government officials, and innovators as we navigate the “End of Business as Usual” era.

INTA 2024 Annual Meeting
The 146th Annual Meeting was held in the historic city of Atlanta, the birthplace of one of the most well-known trade secrets—Coca-Cola!

IAG Global Assembly – Madrid 2024
Mitchel Chua represented Gateway Law at the IAG Global Madrid Assembly from March 15-17, 2024, fostering international collaborations and sharing insights with global industry leaders.

APAA 20th General Assembly and 74th & 75thCouncil Meetings
APAA  20th General Assembly and 74th & 75th Council Meetings of the Asian Patent Attorneys Association (APAA), was held from 3 to 7 November 2023 on the tropical and vibrant island of Singapore.

2023 AIPPI World Congress
The 2023 AIPPI World Congress will be joined by IP professionals from around the world for networking, a high quality educational programme, lively debate and constructive, relevant and topical resolutions on IP laws, to be held 22-25 October 2023 in Istanbul.

IAG Global Assembly – Singapore 2023
IAG Global is delighted to confirm it’s October 2023 Global Assembly will be in Singapore with host firms Hawksford and Gateway Law Corporation.

2023 Trademark Administrators & Practitioners (TMAP) Meeting
2023 Trademark Administrators & Practitioners (TMAP) Meeting is the premier event for trademark administrators, paralegals, young practitioners, and attorneys who manage a global trademark portfolio. This will be held at Denver, Colorado, USA on October 1-3, 2023.

Tech Law Fest
Keep your finger on the pulse of developments around the tech of law and the law of tech, as TechLaw.Fest fires up the Suntec Singapore Convention and Exhibition Centre on 21 and 22 Sept 2023.

2023 Asia-Pacific Moot court Competition
Inspired by the continued success of our Saul Lefkowtiz Moot Court Competition, INTA is pleased to launch the 2023 Asia-Pacific Moot Court Competition for the sixth time in Singapore at the Fairmont Hotel on September 1-2, 2023. This year’s competition marks the return to an in-person format, providing a much-anticipated opportunity for students to develop their oral advocacy skills in a mock courtroom experience.

Franchising & Licensing Asia 2023
Asia’s Leading Franchising & Licensing marketplace brings together reputable brand owners as well as business leaders, investors, and entrepreneurs, creating an excellent platform to accelerate business growth and boost brand presence on  August 17-20, 2023 in Asia.

INTA 2023 Annual Meeting Live+
The 145th INTA Annual Meeting was held at Singapore from 16 May – 20 May, 2023. One of the world’s largest and most attended trademark events, this conference offers endless opportunities for education and networking.

Young Southeast Asian Leaders Initiative (YSEALI) Academy at Fulbright University Vietnam, 2023
Mitchel Chua spoke as an Intellectual Property Expert and Panelist at the 2023 Technology & Innovation Seminar organised by the Young Southeast Asian Leaders Initiative (YSEALI) Academy at Fulbright University Vietnam. The session is entitled: “Creative AI and the Copyright Landscape in ASEAN”, and was held on 27 April 2023.