Publications

Malayisa – How to Use Utility Innovations

Malaysia’s Patents Act 1983 provides different rules & requirements in respect of the conferment of protection upon minor inventions: utility innovations. An advantage of utility innovations in contrast with regular patents is that they have a lower threshold for patentability. Section 17 of the Act defines a utility innovation as: “any innovation which creates a […]

Malaysia – Trade Description Act Introduced

Keeping pace with changing times, the Malaysian Government recently passed the Trade  Descriptions Act, 2011 (TDA). The Act aims to tighten trade mark enforcement provisions by prohibiting false trade descriptions and false or misleading statements, conducts and practices in relation to goods or services, thereby protecting the interest of consumers. The TDA is expected to […]

Malaysia -Parallel Import Law Clarified

Parallel import is a prevalent business model in the new age economy. However, the laws governing parallel imports are still in infancy and require clarification in many jurisdictions, including Malaysia. In Tien Ying Hong Enterprises v Beenion (2010), the High Court of Malaysia provided the much needed clarification. The plaintiff in this case was the […]

Malaysia – Implementation Of Data Exclusivity(DE)

The National Pharmaceutical Control Bureau (NPCB) in Malaysia ensures the quality, efficacy and safety of pharmaceuticals through the evaluation of technical data and laboratory test conducted during clinical trial. Upon fulfilment of all safety regulations, approval is given for marketing. Malaysia is a member of World Trade Organization (WTO). Under Article 39.3 of the TRIPs […]

Malaysia – Generic Pharma Seemingly Manage to ‘Invent Around’ Innovator Patent

Sanofi-Aventis took on Dabur Pharma in the latest pharmaceutical patent case law to be decided at the Malaysian High Court (D-22IP-46-2009). Sanofi is the owner of a process patent – MY ’481 – for the production of Docetaxel trihydrate, which they market as Taxotere. Worldwide annual sales of Taxotere totaled approximately US$3.1 billion dollars in […]

Malaysia – Trade Mark Expedited Examination

In line with its policy of beefing up its Intellectual Property regime and encouraging entrepreneurs to register their IP rights, Malaysia has introduced expedited examination of trademark applications with effect from 15 February 2011. While a lot of ink has been spilt on highlighting the importance of registering one’s trade mark, it would be imperative […]