Publications

The strength and enforceability of IP Laws in the ASEAN Community

Recently, The Economist Intelligence Unit (EIU) published a new survey report aptly called "The Investment Climate of South-East Asia" pursuant to a survey conducted amongst 234 senior corporate executives contemplating investments in several countries in the South East Asia region. The Economist conducted the survey under sponsorship from the United States Chamber of Commerce in […]

Malaysia Cyber Rogues Unleashed – The relevance of Intellectual Property Rights

Cyber Rogues who fake websites to deceive buyers into making them believe that the goods are real and being delivered are overwhelmingly increasing in Malaysia. The number of computer security intrusions in 2005 were approximately 660 cases involving business transactions involving '.com' and '.net' websites, 42 non-governmental organizations that involves the '.org', 79 cases involving […]

Data Exclusivity: Impact of the Malaysia – US FTA

Export oriented policies together with large inflows of Foreign Direct Investment (FDI) have been the main driving force behind Malaysian economic growth. Developed countries have been promoting Free Trade Agreement (FTA) and based on precedent FTAs, the main emphasis is on intellectual property rights, medical technology and pharmaceuticals. After entering into a Free Trade Agreement […]

A brief update on compulsory licensing and infectious diseases in ASEAN

Compulsory licensing has been a point of great dispute, with opinions torn between the rights of patent owners and accessibility to lifesaving, affordable drugs to the general public. The high cost of patent-protected pharmaceuticals and the inherent prevalence of infectious diseases such as HIV/AIDS, malaria and avian influenza are fueling demand for generic drugs and […]

Malaysia Trade Marks and Open Source Software

Source codes of open source software are developed and distributed through licences known as the general public licence (GPL). However, the trade marks of the software developers are not distributed along with these source codes. While distributors' brands and trade marks belong to them, the underlying source code belongs to the open source community. Therefore, […]

Malaysian Patents Act evolves

The Malaysian Patents Act 1983 and Patents Regulations 1986 have recently been subjected to several amendments in view of developments in the nation's patent scene. One of the most important amendments to the Act is the amendment to Section 34 pertaining to public inspection of files relating to patent applications. In line with the practices […]