Malaysia puts country's healthcare industry as one of its top priorities, and continually implements new policies to ensure that the medical sector continue progressing and at the same time to ensure that its people receive the best medical treatment available. Pharmaceuticals are regulated by the Drug Control Authority (DCA) in Malaysia, under the Control of […]
Publications
Protecting Ideas in Foreign Markets and the Patent Cooperation Treaty (PCT)
In the USA, interest in Intellectual Property has reached fever pitch. High-tech companies often have their own in house IP counsels, and heaven forbid that they don't have their own individualized and unique IP management strategy. Why is this the case? Decision-makers have realized that intellectual property is the lifeblood of a modern high-tech company; […]
Protecting Intellectual Property in Malaysia - Law or Enforcement
It was recently commented by the Penang Local Government, Traffic Management and Environment Committee chairman, Chow Kon Yeow that 'Although intellectual property laws in Malaysia are in place and confirmed with international standard for intellectual property protection needs, enforcement initiative by relevant government agencies is required to effectively protect both foreign and local investors' intellectual […]
Protection Of Engineering Designs In Malaysia By Way Of Copyright and Passing-Off
The protection of engineering designs by way of copyright and passing-off in Malaysia was dealt with by the High Court in Malaysia in the case of Hexagon Tower Sdn Bhd v Polydynamic Holdings Sdn Bhd & 3 Ors [2005] 4 AMR 384. In this case the plaintiff company was in the business of manufacturing and […]
The Protection Of Kanji Characters In Malaysia – The Yomeishu Saga
Background The proprietors of Kanji character trade marks in Malaysia can take comfort from a decision of the Malaysian Court of Appeal which upheld the decision of the High Court where it was held that the wide usage of the phonetic sound of the combination of the Kanji characters in question among the local Chinese […]
Domain Name Registrations in Malaysia: Coherent With Or Dismisses Intellectual Property Rights?
In Malaysia, the Internet commenced with the inception of the first internet service provider that in turn gave rise to the inception of the Malaysian Domain Name Registrar being the Malaysian Network Information Centre (MYNIC). This entity was entrusted with the primary purpose of regulation and subscription of domain names unique to Malaysia or better […]
Interlocutory Injunctions in Trade Mark Cases - Is the American Cynamid test still applicable in Malaysia
It is well established in law that an interlocutory injunction is ancillary to a cause of action and therefore it is only a party who has a cause of action who can apply for an interlocutory injunction (Siskina v Distos Compania Naviera SA [1979] AC 210). The primary objective of an interlocutory injunction is to […]
IP Standards in Malaysia Set To Gain Strength
On the 4th March 2005, The Ministry of Domestic Trade and Consumer Affairs announced the proposal known as the Intellectual Property Rights (IPR) Strategic Modernisation Plan, which was developed with close co-operation between Malaysia and the European Union (EU). Covering every aspect of IPR including the marketing and legal framework, the blueprint aims to improve […]
Malaysia Acceded to the Patent Cooperation Treaty (PCT)
With a backdrop of 1.2 million international patent applications covering various technologies have been filed since the Patent Cooperation Treaty (PCT) began operating in 1978, Malaysia has finally acceded to become the 131st State to be a member o the PCT. It deposited its instrument of accession to the PCT on 16th May 2006. PCT […]
Malaysia Contemplates Intellectual Property Rights Sharing
With the increased realization by the government of Malaysia that it is imperative to develop an innovation-driven economy, the government is taking steps to allow the IP rights derived from inventions made in research work undertaken with government grants to be jointly owned by the government, the respective research institute as well as the inventors […]