Smoke clears for incense coil, joss stick makers and suppliers

The star

BY LOH FOON FONG

KUALA LUMPUR: Manufacturers and suppliers of incense coils and joss sticks can heave a sigh of relief now that the companies claiming design rights to the products have lost their claims in court and also dropped their appeal.

The expunge to Rong Qiang (M) Sdn Bhd’s claim on industrial design rights to incense coil was published in the government gazette on Sept 23 while the expunge to Seong Loong (M) Sdn Bhd’s exclusive claim to joss stick design would be published soon.

This follows their loss of claim on exclusive rights over the design of incense coil and incense stick on Oct 31 last year after the Kuala Lumpur High Court ordered for both the registered industrial designs to be expunged from the Register.

The judge had ruled in favour of the Prayer Goods Traders’ Association of Malaysia (Persatuan Pedagang-Pedagang Barang-Barang Sembahyang Malaysia).

The companies then filed an appeal to the Court of Appeal but withdrew it on April 30.

Associated Chinese Chamber of Commerce and Industry (ACCCIM) of Malaysia president Datuk Lim Kok Cheong said that incense coils and joss sticks were used worldwide and should not be classified as patented items.

“They are traditional products, regardless of shapes or designs.

“They have been around for ages and no one has exclusive rights over the design,” he told a press conference to announce the status of the case yesterday.

On Dec 6, 2011, ACCCIM received a written request from Penang Chinese Chamber of Commerce regarding the issue and a ACCCIM legal affairs committee member subsequently offered pro-bono legal assistance.

Lim said that Rong Qiang and Seong Loong had published a warning notice in a Chinese national newspaper on Nov 17, 2011, claiming exclusive rights over incense coil and incense stick.

“This meant that all the trading and manufacturing of incense coils and incense sticks in Malaysia would be monopolised by them and others were not allowed to manufacture or sell them in the market,” he claimed.

ACCCIM Legal Affairs Committee chairman Michael Chai said that tthe Intellectual Property Corporation of Malaysia (MyIPO) could have expunged the cases as they were clear cut.

“The relevant authorities should exercise their discretion to remove patents that have no basis to claims following complaints submitted, instead of pushing it to the courts, which is costly,” he said.