The Plaintiff's claim was base on the Defendant's infringement of their Copyright and unlawful interference with the Plaintiff's trade or business. Brief Facts Here the Plaintiff was a private limited company carrying on the business of manufacturing and distributing anti car theft system made especially for local made cars under trademark 'THEF-PRO', since 1991. Meanwhile […]
Publications
Malaysia - Court Removes Mark From Register
The High Court of Kuala Lumpur has, in a recent decision of its own, considered whether it has the powers to rectify the Trade Mark Register in an action to expunge a trade mark by unlawful proprietors. In the case of Regent Pumps Pty Ltd Nor v Keylargo Industrial Sdn Bhd (2009) 2 CLJ 303, […]
Malaysia - High Court Overrules Registrar’s Rejection
On April 1 2009, the High Court of Kuala Lumpur, in delivering the judgment in the case of Illinois Tool Works, Inc v Pendaftar Cap Dagangan, Malaysia [2009] 1 LNS 507 (Illinois), provided proper guidelines for the Registrar in issuing acceptance or objections when examining a trade mark. Illinois is a Fortune 500 company, founded […]
Malaysia - Declaration of Non-Infringement, Invalidation and Infringement Proceedings: A Malaysian Perspective
Declaration of Non-Infringement In Malaysia, any interested party has the right to apply to the IP Court for a ‘Declaration of Non-Infringement’ whereby the court may make a declaration, as against a patent owner, that the performance of a specific act does not constitute an infringement of the Malaysian patent concerned. However, should the act […]
Malaysia’s IP Laws To Be Revamped
Due to the recent debates over the rights of IP owners and public discontent, the Intellectual Property Corporation of Malaysia (MyIPO) has reviewed the Intellectual Property Laws of Malaysia and will soon be implementing amendments to resolve matters. The review and amendments will affect the Copyright Act, Trade Marks Act, Patents Act and Industrial Design […]
Malaysia - Registrar’s Discretion in a Trademark Application: Judicial Principles should Prevail over Arbitrariness
Illinois Tool Works, Inc v Pendaftar Cap Dagangan The Registrar of Trade Marks has a general discretion to refuse to register a trade mark which satisfied all the positive conditions laid down by the Trade Marks Act. However, that discretion must be exercised judicially on reasonable grounds which are capable of being clearly stated, and […]
Malaysia - McDonald’s Loses Trade Mark Mcbattle
The Court of Appeal has unanimously upheld an appeal by McCurry Restaurant (KL), allowing McCurry to use the prefix Mc in the name of its restaurant. In this case, McDonald’s Corporation’s claim against McCurry at the High Court was premised on the fact that McCurry is liable for passing-off for using the prefix Mc in […]
Striking a Balance – Malaysia looking ahead
Intellectual Property Rights (IPR) enforcement will always be about striking a balance between the rights of the Intellectual Property (IP) proprietor and the general public’s right to freely use and share available resources and innovations and improve on existing technologies and ideas. IP laws in Malaysia have been in conformance with International IP laws as […]
Malaysia - Foreign Use Of Trade Mark Rejected
In the case of Elba SpA v Fiamma Sdn Bhd [2008 3 MLJ, Elba, an Italian maker of cooking appliances, filed an originating motion for a declaration that it owned the Elba mark and that Malaysian company Fiamma’s Elba registration in Class 7 and 11, which had been registered for more than seven years, were […]
The time has come for Software Patents in Malaysia
Industries invest millions in developing computer-related systems every year. However, these systems do not seem to be given ample intellectual property protection. Computer programs enjoy copyright protection, but these will only protect them against copying. Patent protection, on the other hand, prevents competitors from copying, reverse engineering or independently inventing a system that embodies the […]