In the case of SAP (M) Sdn Bhd & Anor v I World HRM Net Sdn Bhd [2006] 2 MLJ 678 an application for an interlocutory injunction was made by SAP, the German software company, and its local exclusive distributor after they had sued the defendants for copyright infringement. The defendants had an individual end […]
Publications
Malaysia - Acushnet Obtains Summary Judgment
US golf equipment manufacturer Acushnet, which owns the Titleist trade mark in Malaysia, has managed to obtain summary judgment against a local company in the case Acushnet Company v Metro Golf Manufacturing Sdn Bhd [2006] 7 CLJ 557. The proceedings began in 2004 when, following the discovery of documents incriminating the defendant, the enforcement division […]
Counterfeit goods in daily Malaysian lives – How Malaysia fights back
Most often the news broadcast on counterfeiting in Malaysia are usually associated with branded goods. This disease has now plagiarized Malaysian soil and as a consequence, its consumers have repeatedly been exposed to the "ill-gotten fruits" of counterfeits in their daily lives as these items are now circulating in the form of essential products used […]
Malaysia War against Counterfeit Medicine
Introduction A counterfeit medicine as defined by the World Health Organization (WHO) "is one which is deliberately and fraudulently mislabeled with respect to identity and/or source. Counterfeiting can apply to both branded and generic products and counterfeit products may include products with the correct ingredients, wrong ingredients, without active ingredients, with incorrect quantity of active […]
Brand Protection On “Export Only Goods” In Malaysia
Goods may be manufactured in Malaysia for the purpose of distribution overseas only and not in Malaysia. Such brands are usually known as Export Brands. The question remains as to whether such brand owners could do so safely without being liable to infringement actions. Historically such "Use" for export purposes only did not constitute infringement […]
Bioprospecting – New Malaysian Laws to be Enacted
Scientific research that looks for useful applications, processes, or products in nature is called biodiversity prospecting, or bioprospecting. In many cases, bioprospecting is a search for useful organic compounds in microorganisms, plants, and fungi that grow in extreme environments, such as rainforests, deserts, and hot springs. Malaysia, being one of the 12 mega-diverse countries in […]
Malaysian Courts Apply American Cynamid Principles To Copyright Injunction
An interlocutory injunction is a relief available to a plaintiff to restrain a defendant from continuing to infringe the plaintiff's rights pending the trial of the matter. As the rights of the parties have not been resolved at trial, the courts would have to be careful in exercising its discretion in granting an injunction especially […]
Malaysia - Dogs Tackle IP Crimes
Once perceived as a "haven" for piracy activities, Malaysia has responded to such a portrayal with a positive salvo to eliminating this negative outlook. With a view to attracting and safeguarding local and foreign investments in the country, the authorities have been resorting to various measures to eradicate this menace. It is therefore not surprising […]
The Honda case – Injunctive Relief in Industrial Design and Three Dimensional Copyright in Malaysia
The High Court in Malaysia has delivered an important decision on the various issues pertaining to copyright and industrial design with special reference to an application for an interlocutory injunction. In Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30, the famous Japanese marque for bikes […]
Non-Conventional Trade Marks in Malaysia: 3-D marks
Trade Mark protection has advanced significantly from the days when marks consisted primarily of words, letters, logos or reproduction of images in two-dimensional forms. In many countries throughout the world, amendments to legislation as well as continually evolving trademark practices have extended the scope of trademark protection to include non-conventional trademarks such as three-dimensional marks, […]