To tighten trade mark enforcement, Malaysia passed the Trade Descriptions Act (TDA) in 2011. The purpose of this Act is to prohibit false trade descriptions and false or misleading statements, conduct and practices in goods and services, thereby protecting the interests of the consumers. In a recent case (DJ Auto…

In a landmark judgment, LB Confectionary v QAF, the Federal Court in Malaysia ruled on a dispute involving rights over use of the trade mark Squiggles. The judgment has a bearing on trade mark practice in Malaysia as it deals with novel issues and could affect commercial transactions. The issues…

Regulations pertaining to the voluntary notification of copyright came into force in Malaysia on June 1, 2012. There was no formal copyright registration process prior to the Regulations. Being a party to the Berne Convention, copyrighted works are protected immediately upon creation and fulfilment of certain conditions in the Copyright…

In the eyes of the law, a company is a separate legal entity distinct from its members and directors. The acts of a company, including any wrongful acts are attributable to, and liability therefore rests with, the company as a separate entity and not with its members or directors. This…