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 […]
Publications
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 […]
Landmark Victory For India in Ponni Rice Trademark Battle in Malaysia
India has won a trademark row against a Malaysian company, which was granted registration for the word "Ponni" for rice, a premium variety developed and grown in India since 1971. In 2006, the local company was granted registration for the word "Ponni" in Malaysia for rice. The company had been importing ordinary rice from India […]
ASEAN Patent Examination Cooperation (ASPEC) – Towards A Faster And Better Quality Search And Examination Of Patents In The ASEAN Region
The search and examination of patents is an activity which consumes many resources. In order to streamline the process and to reduce the turnaround time, IP offices in member states of the Association of South East Asian Nations (ASEAN) collectively launched the ASEAN Patent Examination Cooperation Programme (ASPEC). ASPEC, the first of its kind in […]
Patent Examination in Malaysia Expedited
On 15 February 2011, Malaysia introduced laws to allow expedited patent examination under the Malaysian Patents Act 1983, pursuant to the Patents (Amendment) Regulations 2011. The implementation of expedited examination is aimed at reducing patent pendency, by expediting and accelerating allowance and issuance to grant of a patent. The expedited examination program is only applicable […]
Malaysia - Validity Of Prior Art Ruled Separate To Disclosure
Prior art constitutes all information that has been disclosed to the public in any form before a given date, that might be relevant to a patent’s claims of originality. It may include any patent related to the invention regardless of whether the patent is valid or not, as the act of publication or use of […]
Damages
On April 7 2010, the Court of Appeal of Kuala Lumpur, in delivering its judgment in Taiping Poly (M) Sdn Bhd v Wong Fook Toh & ORS CA (2010 6CLJ 51), drew a distinction between the net loss of profits and the loss of sales, as a result of an infringement and passing off of […]
Malaysia - A Risky Defence Backfires
Patent litigation in Malaysia is rare and not popular amongst Malaysian companies, the more so when the dispute involves both patent and passing-off. The case of SKB Shutters Manufacturing v Seng Kong Shutter Industries and Anor, which was decided by the Kuala Lumpur High Court on October 4 2010 is one such exception. The case […]
IP Market for Pharmaceutical Products in Asia
This article looks to address 4 issues in relations to the IP market for pharmaceutical products in 4 Asean countries. 4 issues which will be address are: Whether the government purchases medicinal products and sets their prices such that a higher price will be set for a patented product; Working requirements of the territory; Enforcement […]