Singapore Participates In The Japan Patent Office (JPO) Intellectual Property Rights (IPR) Workshop On Protection Of Well Known Trade Marks

Singapore participated in a workshop held in Tokyo, Japan in December 2007  on the protection of well known marks in the Association of Southeast Asian Nations (ASEAN).  Organized by the JPO, the work shop was attended by representatives from the Intellectual Property (IP) officials of all ASEAN countries and the ASEAN Secretariat.  Singapore was represented by Mr. Louis Chan, Deputy Director and Legal Counsel from the Intellectual Property Office of Singapore.

The workshop covered the Japanese trademark system and in particular, its well known marks regime.  Section 4(1)(xix) of the Japan’s Trademark Law provides that trade marks which are well known among consumers in Japan or abroad as indicating the goods or services as being connected with another person’s business, and trademarks identical with or similar thereto, and which are used by the applicant for unfair intentions, are not registrable.  This is a high threshold because even marks which are only well known outside of Japan are given statutory protection.

Each ASEAN country delivered a country report on the progress of their well known marks protection.  Singapore’s Intellectual Property (IP) laws and in particular its laws on well known marks are compliant with the Paris Convention, the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, as well as the World Intellectual Property Organisation (WIPO) Joint Recommendations Concerning Provisions on the Protection of Well Known Marks (1999).

Having ended on a positive note with representatives gaining tremendously from the presentations and discussions, the workshop would surely assist the ASEAN countries in reviewing their relevant well known mark provisions.