Recently, the Malaysian High Court adjudicated on the issue of ownership of a mark in cases where an entity (such as a local distributor or dealer), in a commercial relationship with the trade mark owner, attempts to register the mark in its own name. The case was especially significant for foreign companies that are on […]
Publications
Malaysia - IT Companies Battle Over Intellectual Property (Prevention is better than cure!)
A recent contention between two IT companies in Malaysia stresses the importance to intellectual property agreements in business contracts. Such contentions may be avoided by proper accounting of intellectual property (IP), periodic audits and IP due diligence. In this article, we discuss the contention between Netripples and Knowlegebase over IP rights for a software product. […]
Malaysian Courts hold that first use of a trademark an important factor in expungement proceedings
The Malaysian High Court, in Yong Sze Fan & Anor v Sharifah bt Mohd Tamin & 4 Ors [2008] 5 AMR 163 had an opportunity to consider an application for an order that a trademark registered by the Malaysian Trademark Registry be expunged (cancelled) from the Register under the provisions of the Malaysian Trade Marks […]
Guide To Plant Varieties Protection In The Asean Region
Protection of Plant Varieties The International Convention for the Protection of New Varieties of Plants (UPOV Convention) was signed in Paris in 1961 and entered into force in 1968, seeks to acknowledge the achievements of breeders of new varieties of plants, by granting them an intellectual property right, on the basis of a set of […]
Malaysia - Important aspect of copyright infringement
In a recent copyright infringement case (April 2010) in Malaysia [Suit No: D5 (IP)-22-1152-2005], the local High Court carefully reviewed certain key facts and legal precedents to meticulously analyse and rule on some important aspects of copyright infringement. One such issue pertained to whether protection under the Copyright Act, afforded to a set of drawings […]
Petty Invention Revoked in Malaysia!
A utility innovation ("UI") is an exclusive right granted for a minor or petty invention that falls short of the inventive step and novelty bars required for patent protection. Just like a patent, a UI can be revoked and invalidated notwithstanding the Patent Registry's finding that the UI claim and description adequately met the requirements […]
Malaysia - Breach of License Agreement from the perspective of Intellectual Property
A commentary by Patrick Mirandah on the Landmark Decision of the Federal Court GS Gill Sdn Bhd v Descente, Ltd. [2010] 5 CLJ 613 INTRODUCTION The Federal Court in GS Gill Sdn Bhd v Descente, Ltd [2010] 5 CLJ 613 has provided a strict guideline for the licensees in relation to trade mark licensing in […]
Generic and Biopharmaceutical Growth in Asia
The coming few years will bring a halt to the dominance of big pharmaceutical companies, which are exposed to patents that will expire on more than $80 billion-worth of blockbuster drugs. A famous example is the patent expiry of Eli Lilly’s anti-depressant drug, Prozac, which reportedly lost 73% of market share within two weeks of […]
Malaysia - “Electronic Coding Survey” Permissible Evidence?
On 09 February 2010, the High Court of Kuala Lumpur, in delivering the judgment for the case of LAM SOON EDIBLE SDN BHD Vs HUP SENG PERUSAHAAN MAKANAN (M) SDN BHD, provided essential features in respect of claims, which are made, based on filing a cancellation action for non - use particularly for Market Survey […]
Malaysia - The Bitter Battle For Better Chocolate
In the global endeavour to afford protection to GIs, Malaysia has been an active crusader. There are a large number of GIs particular to Malaysia such as Sarawak Pepper, Sabah Tea, Borneo Virgin Coconut Oil and Kelantan Budu (anchovy sauce), to name a few. In 2000, the Malaysian Government enacted the Geographical Indications Act, under […]