The Malaysia High Court’s recent decision in The Polo/Lauren Company, L.P. v RCB Marketing Sdn Bhd [2025] MLJU 4617 marks an important development in Malaysian trademark jurisprudence, particularly in its treatment of similarity infringement under Section 54(2)(b) of the Trademarks Act 2019, wherein the court demonstrates a clear preference for a structured, step-by-step approach – a marked […]
Publications
Key Cases That Have Shaped IP Protection in Malaysia’s Fashion Industry
Several notable cases in Malaysia have significantly influenced the protection of intellectual property within the country's fashion industry. Trade Mark In 2019, the High Court of Kuala Lumpur (“Court”) saw a heated trademark battle between fashion powerhouse 30 Maple Sdn Bhd (‘Plaintiff”) and individual seller Siti Safiyyah binti Mohd Firdaus Chew (“Defendant’). At the heart […]
Geographical indications in Malaysia: Recent developments and progress
A geographical indication (GI) is a sign used on products with a specific geographical origin and possesses qualities, reputation, or characteristics attributable to such origin. In Malaysia, the protection of GIs is governed by the Geographical Indications Act 2022, which came into force on March 18, 2022, repealing the earlier 2000 act. The 2022 act […]
Amendments to Patents Law in Malaysia
The Malaysia Patent Office recently announced amendments to the Patents Act and Regulations, taking effect from 18 March 2022. Highlights of the key amendments are set out as follows: 1. New Section giving effect to Budapest Treaty A new section is introduced to the Patents Act and Regulations giving effect to the Budapest Treaty. The deposit […]
Diesel S.P.A. v. Bontton Sdn Bhd: The own name doctrine and the court’s power to make declarations of non-infringement
In Diesel S.P.A. v. Bontton Sdn Bhd [2020] MLJU 715, the Malaysian Court of Appeal was faced with, inter alia, the novel issues of, firstly, whether the court has discretionary powers under Malaysian law and/or an inherent jurisdiction to grant a negative declaration in respect of infringement, and, secondly, whether it should grant recognition of […]
Southeast Asia Update
A roundup of the newsworthy mentions in the Southeast Asian from the first quarter of 2020. Singapore Snagging the headlines in Singapore early March, on top of the COVID-19 coverage, is the nomination of IPOS’ current Chief Executive, Mr Daren Tang, by WIPO’s Coordination Committee, for the position of WIPO Director General. His nomination is […]
Highlights of Changes to the Malaysian Trade Marks Act
We are excited to share with you the highlights of the changes to the Malaysian Trade Marks Act (“Amended TMA”) which is currently tabled for its third and final reading before the Malaysian Parliament when it sits in October 2019. The salient features of the Amended TMA are as follows: 1. Accession to the Madrid […]
Malaysia Update: Swiss-Type Second Medical Use Claims Patentable in Malaysia
The acceptance of second medical use claims in “Swiss-Type” claim format has attracted significant attention internationally as different jurisdictions vary in their approach. In Merck Sharp & Dohme & Anor v Hovid Bhd , the issue was first raised in the High Court (Civil Trial No. 22IP-71-12/2014) where the Appellants initiated an infringement action against […]
Head of Malaysia Patent Department Delivers Drafting Masterclass
At Mirandah Asia, we are committed to ensuring that the expertise of our staff is shared across the board to provide clients with the best level of service across all of the jurisdictions we cover. Suriyia Sadanathan, Mirandah Asia's Head of Patent Department in Malaysia, recently delivered a patent drafting workshop to the Singapore office […]
Expert Delivers Patent Licensing Lecture at Mirandah Asia Malaysia
Mirandah Asia Malaysia was proud to host Mrs Payal Bhatnagar, Lecturer in the Department of Pharmacy at the Asian Institute of Medical Science and Technology (AIMST) University. Mrs Bhatnagar, also a registered Indian Patent Agent, delivered her talk on 'Anti Ever-Greening and Compulsory Licensing: A Way to Innovation with Affordability'.