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 […]
Publications
Malaysia Patent Invalidation Proceedings: Are Courts Empowered To Shift the Goal Post…?
The recent case of Pfizer Ireland Pharmaceuticals (“appellants”) and Ranbaxy (Malaysia) Sdn Bhd (“respondents”) springs out of an invalidation action initiated by the respondents to cancel Malaysia Patent No. MY-111446-A entitled “Pyrazolopyrimidinones for the Treatment of Impotence” (the “446 patent”). The appellants raised the issue as to whether the court had the power to amend […]
Malaysia – A Battle Between Two Process Patents
The High Court of Malaya dismissed both the plaintiffs’ claim and defendants’ counterclaim with costs in an action filed by Sanofi-Aventis against Fresenius Kabi for alleged infringement of a patent for an anti-cancer drug. In Sanofi-Aventis (Malaysia) Sdn Bhd & Anor v. Fresenius Kabi (Malaysia) Sdn Bhd & Anor, the High Court of Malaya has […]
Malaysia – Useful Decision on infringement tests
The High Court of Malaysia recently issued a decision regarding patent and copyright infringement in BT Engineering v with characteristics similar to that of its own. The plaintiff further alleged that the defendant had infringed its copyright through the unauthorized use of photographs and design drawings. The defendant denied the allegations and in turn sought […]
Malaysia – Precedent Set On Trade Descriptions
To tighten trade mark enforcement, Malaysia passed the Trade Descriptions Act (TDA) in 2011. The purpose of this Act is to prohibit false trade descriptions and false or misleading statements, conduct and practices in goods and services, thereby protecting the interests of the consumers. In a recent case (DJ Auto Components Manufacturing v FBK Systems), […]
Malaysia – Squiggles Case Clarifies Non-Use
In a landmark judgment, LB Confectionary v QAF, the Federal Court in Malaysia ruled on a dispute involving rights over use of the trade mark Squiggles. The judgment has a bearing on trade mark practice in Malaysia as it deals with novel issues and could affect commercial transactions. The issues before the Court were threefold: […]
Malaysia – Voluntary Copyright Registration Introduced
Regulations pertaining to the voluntary notification of copyright came into force in Malaysia on June 1, 2012. There was no formal copyright registration process prior to the Regulations. Being a party to the Berne Convention, copyrighted works are protected immediately upon creation and fulfilment of certain conditions in the Copyright Act (original or derivative work; […]
Malaysia – How directors are personally liable for infringement
In the eyes of the law, a company is a separate legal entity distinct from its members and directors. The acts of a company, including any wrongful acts are attributable to, and liability therefore rests with, the company as a separate entity and not with its members or directors. This principle from the Salomon case […]
Malaysia – Status Of Divisional Applications Clarified
For many years, the courts have raised objections to the non-unity of the patent applications and divisional applications. This matter and the provisions of Section 26B of the Patents Act 1983 in Malaysia were addressed in the above case. The case of B Braun Melsungen AG & Anor v. Terumo Kabushiki Kaisha & Anor centered […]
Malaysia – Court Of Appeal Addresses Passing Off
Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006]. One of the questions addressed and is in practice a common query: Does the infringing use […]