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 […]
Publications
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’.
Mirandah Asia Malaysia Hosts UKM Law Students
Mirandah Asia Malaysia was proud to host law students from Universiti Kebangsaan Malaysia (UKM) for legal internships across the ASEAN region. The chosen interns spent one month in the Malaysia office, before being received for a week in the Singapore, Indonesia and Thailand offices respectively. CEO Patrick Mirandah gave a well-received lecture at the UKM […]
The Swiss Don’t Miss in Malaysian Geographical Indications Dispute
The apex court of Malaysia – the Federal Court – recently provided its grounds of judgment in Chocosuisse Union Des Fabricants Suisses De Chocolat, Kraft Food Schweiz AG and Nestlé Suisse SA v. Maestro Swiss Chocolate Sdn. Bhd. The decision centred primarily on the tort of extended passing off and the Geographical Indications Act. […]
Plagiarism in Advertising Law in Singapore
Advertising agencies that make imitation or adaptation of work of others are producing what is illegal, therefore immoral and unethical. In a recent case, Dentsu Utama, a Malaysian advertising agency, was accused of plagiarizing the artwork of British designer, Tom Anders. The ad agency however, has vehemently defended these accusations. The artwork by Dentsu Utama […]
ASEAN – Comparison of Design Practices
Design laws vary by country. Some countries classify designs as patents and some have separate “registered design” or “industrial design” systems. In some countries, designs of products must be whole products in order to be registrable and not parts of products. Some countries allow protection of only part or parts of the product but the […]