A Study on the Impact of KPI in Malaysia The recent case of Kopitiam Asia Pasific Sdn. Bhd. v Amazing Spectacular Sdn. Bhd. highlights certain points pertinent to the current intellectual property scene in Malaysia, especially the law relating to passing off. The case merits the possibility of suing in passing off of not only […]
Publications
Malaysia - Changes To Industrial Design Law Proposed
The Industrial Designs Law in Malaysia, which is governed by the Industrial Designs Act 1997 and the Industrial Designs Regulations 1999, is likely to be substantially changed in 2010 or 2011. There was no recorded amendment to the legislation in 2009. However this year, the Intellectual Property Corporation of Malaysia (MyIPO) has initiated the review […]
Malaysia - Patents, Nucleic Acids And Microorganisms
The Malaysian Patents Act 1983 (hereinafter referred to as ‘The Act’) requires that an invention, to be patentable, it should be new, involving an inventive step and industrially applicable. Section 13 (1) (b) of ‘The Act’ lists non-patentable inventions and it excludes the patentability of plant or animal varieties or essentially biological products for the […]
Malaysia - Raytheon Wins Battle Of The Bombs
The battle between Lockheed Martin and Raytheon, the two of the largest companies in the global defence industry, reached a new level at the High Court in Malaysia last year. The argument was over the registration and use of the trade mark Paveway, a type of laser-guided bomb made by Raytheon in Malaysia. Both companies […]
ASEAN Launches Patent Cooperation Programme
Countries from the Association of Southeast Asian Nations have embarked on their first regional cooperation in Intellectual property, specifically in patents, by introducing ASEAN Patent Examination Co-operation (ASPEC). There are eight participating IP offices from: Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam. Once a search and examination report is issued by any […]
Malaysia - The Law Of Passing Off Examined In Court
The Plaintiff's case The Plaintiff's brought an action against the Defendants for passing off, conspiracy to pass of, conspiracy to injure the trade of the Plaintiffs, malicious falsehood and slander of goods and infringement of trade mark under the Trade Mark Act 1976. The Plaintiff's product known as "Lady Gold" was registered under the Control […]
Impact of China-ASEAN Free Trade Agreement on Intellectual Property System and Vice Versa
China-ASEAN free trade agreement has taken its full effect since 1 January 2010 and in terms of trade volume, creates the world's third-largest free trade zone after European Economic Area and the North American Free Trade Area. This trade agreement between China and the 10 ASEAN countries, namely Laos, Vietnam, Philippines, Brunei, Malaysia, Indonesia, Singapore, […]
Malaysia - High Court Brokers Bunfight
We know that the most important purpose of a trade mark is to allow a customer to distinguish this product, with minimal private and social costs, from similar goods made by other manufacturers. But what happens when the original manufacturer has entered into agreements giving consent to another manufacturer to make those same goods on […]
Malaysia - Protecting The National Cuisine
The Malaysian Tourism Minister’s statement that Malaysia intends to stake its claim on recipes synonymous with the country’s identity, has sparked controversy among the public. Reaction is especially high in Singapore, where people dispute the origins of certain dishes Malaysia intends to claim. The Minister later said that Malaysia has no intention to patent local […]
Malaysia - Patent Direct and Indirect Infringement
Direct infringement of a patent claim is briefly defined as an act of infringement of all claim elements of that claim by a single entity. For instance, direct infringement of a method or process claim occurs when a single entity performs all steps of the said method or process claim, whereas direct infringement of an […]