The said treaty will enter into force on 16 August 2006 and PCT applications filed on or after 16th August 2006 will automatically designate Malaysia. More than 1.2 million international patent applications covering new technology have been filed since the PCT began operating in 1978. Malaysia became the 131st contracting states of the PCT to […]
Publications
Malaysian Court Affirms The View That Novelty In Designs Must Be Viewed As A Whole
Novelty is a basic and fundamental requirement to obtain a design registration in Malaysia, termed here as industrial designs. This factor separates a design that has existed before against a design that is wholly new or original and has not yet been viewed by the public before. The novelty requirement also ensures that before any […]
Malaysian Industrial Designs-the Courts adopt an objective approach? A case note on Arensi-Marley (M) v Middy Industries
A recently reported Malaysian High Court decision has demonstrated that the Malaysian courts will maintain the principle of the court not deferring to the opinion of witnesses as to the issue of novelty, but make a determination based on the visual impression of the judge. In the case Arensi-Marley (M) Sdn Bhd v Middy Industries […]
Review of Decision on Expungement of Trade Mark and Rectification of Trade Mark Register in Malaysia
Bata Limited v Sim Ah Ba @ Sim Teng Khor and Ors [2006] MLJU 237 Court of Appeal, Malaysia On 26th June 2006, a decision by the Court of Appeal of Malaysia has further clarified the grounds that should be relied upon for seeking the removal of a trademark and rectification of the Trade Mark […]
Ring Tones in Malaysia - Music to the Ears?
The music industry has received a major boost as it now has new income source in downloadable mobile phone ring tones. Introduced to Malaysia in 2004, the mobile ringtone business has grown tremendously. It is now being perceived as being the "saviour" of the otherwise down sliding Malaysian music industry. One can truly say that […]
Malaysia - Trade Mark Use on the Internet – A Malaysian Perspective
In order to ensure the validity of a trade mark, it is a requirement that the owner of the mark put their trade mark to use to indicate a connection in the course of trade to the goods or services applied for. While there are no decided court cases in Malaysia on the subject of […]
'Mc' belongs to McDonald’s – McDonald’s wins damages in Malaysia
As a result of a five-year legal tussle between the U.S. Burger chain, McDonald's Corp. (Plaintiff) and McCurry Restaurant (KL) Sdn Bhd (Defendant), the Malaysian High Court has ruled that "Mc" is the exclusive right and trade mark of fast food giant McDonald's Corporation. In the statement of claim filed on June 6, 2001, McDonald's […]
Protection of Intellectual Property Rights: Prelude to Free Trade Agreement between Malaysia and the US
It is widely known that Malaysia has yet to seal the Free Trade Agreement (FTA) with the United States although the pact will encourage greater liberalization of foreign investment between the United States and Malaysia as well as deliver stronger Malaysian growth, prospects of higher investments into the country, higher quality medicines for illnesses and […]