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Malaysia (105)

Status Of Divisional Applications Clarified

For many years, the courts have raised objections to the non-unity of the patent applications and divisional applications. This matter and the provisions of Section 26B of the Patents Act 1983 in Malaysia were addressed in the above case. The case of B Braun Melsungen AG & Anor v. Terumo…

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Patent

Court Of Appeal Addresses Passing Off

Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006]. One of the questions addressed and is in practice a…

Basket Of Brands : Expedited Enforcement

As part of the Malaysian Government’s efforts in beefing up domestic IP Enforcement, the Ministry of Domestic Trade, Cooperative and Consumerism (MDTCC) recently set up a separate database for Trade Mark owners to register themselves with the MTDCC in order to gain priority in the initiation of Enforcement Actions and…

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How to Use Utility Innovations

Malaysia’s Patents Act 1983 provides different rules & requirements in respect of the conferment of protection upon minor inventions: utility innovations. An advantage of utility innovations in contrast with regular patents is that they have a lower threshold for patentability. Section 17 of the Act defines a utility innovation as:…

Trade Description Act Introduced

Keeping pace with changing times, the Malaysian Government recently passed the Trade Descriptions Act, 2011 (TDA). The Act aims to tighten trade mark enforcement provisions by prohibiting false trade descriptions and false or misleading statements, conducts and practices in relation to goods or services, thereby protecting the interest of consumers.…

Parallel Import Law Clarified

Parallel import is a prevalent business model in the new age economy. However, the laws governing parallel imports are still in infancy and require clarification in many jurisdictions, including Malaysia. In Tien Ying Hong Enterprises v Beenion (2010), the High Court of Malaysia provided the much needed clarification. The plaintiff…

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Litigation

Implementation Of Data Exclusivity(DE)

The National Pharmaceutical Control Bureau (NPCB) in Malaysia ensures the quality, efficacy and safety of pharmaceuticals through the evaluation of technical data and laboratory test conducted during clinical trial. Upon fulfilment of all safety regulations, approval is given for marketing. Malaysia is a member of World Trade Organization (WTO). Under…

Trade Mark Expedited Examination

In line with its policy of beefing up its Intellectual Property regime and encouraging entrepreneurs to register their IP rights, Malaysia has introduced expedited examination of trademark applications with effect from 15 February 2011. While a lot of ink has been spilt on highlighting the importance of registering one's trade…

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Trademark

Compulsory Licences An Exception To Data Rules

A significant number of developing economies have, of late, mustered up the courage to antagonise multinational pharmaceutical companies by issuing compulsory licences. The rationale for this is concern over the public health. As is well recognized, compulsory licences are effective instruments to provide access to expensive drugs. It would be…

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Generic Pharma Seemingly Manage to ‘Invent Around’ Innovator Patent

Sanofi-Aventis took on Dabur Pharma in the latest pharmaceutical patent case law to be decided at the Malaysian High Court (D-22IP-46-2009). Sanofi is the owner of a process patent - MY ’481 - for the production of Docetaxel trihydrate, which they market as Taxotere. Worldwide annual sales of Taxotere totaled…

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