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 […]
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 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 […]
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 […]
Malaysia – Compulsory Licences An Exception To Data Rules
A significant number of developing economies have, of late, mustered up the courage to antagonise multinational pharmaceutical companies by issuing compulsory licences. The rationale for this is concern over the public health. As is well recognized, compulsory licences are effective instruments to provide access to expensive drugs. It would be interesting to note the overlap […]
High Court Rules On Confidential Information
The year began with a judgment over a patent law dispute involving the Tai family of Malaysia (Soon Seng Palm Oil Mill (Gemas) Sdn Bhd and others v Jang Kim Luang @ Yeo Kim Luang and others). The action revolves around a process patent for “the extraction of intrinsic fibers from waste material left behind […]