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 […]
Publications
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 […]
Malaysia - Basket Of Brands Expedited Enforcement
As part of the Malaysian Government’s efforts in beefing up domestic IP Enforcement, the Ministry of Domestic Trade, Cooperative and Consumerism (MDTCC) recently set up a separate database for Trade Mark owners to register themselves with the MTDCC in order to gain priority in the initiation of Enforcement Actions and prosecution of Trade Mark Infringement […]
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 Cyber-Squatting And Infringement Of Trademarks
The internet is fast becoming a powerful marketing tool and likewise a knowledge commodity. Companies, especially multinationals, tend to market themselves by using the internet. To be more visible, companies formulate their web addresses with their trade name. IP protection in this sense is accorded by domain name registration, for the registration of an exclusive […]