Owners of trade marks face a difficult choice when they learn that their products have been counterfeited and are being sold in Malaysia. The recommended course of action is to conduct an investigation by an authorized private investigator to find out who is producing or selling the counterfeit product and obtain a trap purchase. Through […]
Publications
Biosafety Act 2007 and Genetic Modified Organisms Products in Malaysia
Malaysia recognizes the twin aspects of modern biotechnology being the great potential offered by modern biotechnology and the need to protect human health and the environment from the possible adverse effects of biotechnology products. Genetically Modified Organisms (GMOs) are produced via Genetic Modification (GM) technology are one of the main products from biotechnology. These organisms […]
Malaysia - Trade Description Order for trade mark infringement
In Malaysia a trade mark owner can enforce his rights in a number of ways. A effective means of enforcement against an infringer of a trade mark or a person liable for passing off, would be to obtain a Trade Description Order (TDO). This is provided by virtue of section 16 of the Trade Description […]
Malaysia - Court Nullifies Trade Description Order
In Malaysia a trade mark owner has the possibility of enforcing his rights by way of trade description order wherein an order of court is obtained to declare an infringing brand as false trade description, which allows infringing products to be seized by the authorities and the infringers prosecuted. However the importance of obtaining an […]
The Malaysian New Plant Varieties Act 2004 - A comparative perspective
It has long been established that one cannot patent the way one grows a plant, or even the plant itself. In Malaysia, section 13(1)(b) of the Patents Act 19831 expressly provides that plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-organisms, micro-biological processes and […]
Malaysia - Functional or utilitarian characteristics of an article of manufacture are not protectable under passing off law
Alfa Laval ( M) Sdn Bhd v Ng Ah Hai & Ors [2008] 5 MLJ 344 The Plaintiff, Alfa Laval (M) Sdn Bhd, a manufacturer and supplier of plate heat exchangers and plate under the brand 'Alfa Laval' applied for an injunction to inter alia restrain the Defendants from passing off imitation plate heat exchangers […]
Malaysian Patent - Interim Injunction Granted in Malaysia Based on American Cyanamid principles
In the case of Aventis Farma SA (m) Sdn Bhd v Rohibul Sabri bin Abbas @ Megat & Anor [2008] 3 MLJ 451, This case is based on the selling generic version of docetaxel trihydrate (hereinafter referred to as "DT") According to the Plaintiffs, the Defendants had infringed their Malaysian Granted Patent MY-118481-A (herein after […]
A Giant Step Towards Global Harmonization in the ASEAN Trademark System
Intellectual Property Rights (IPRs), in particular trademarks have taken on increased importance in the current Internet-driven, knowledge based society, due in part to the growth of the Internet as an information/technological medium. Association of Southeast Asian Nations (ASEAN) notes that IP and IPRs creation, commercialization, and protection have assumed an increasingly profound and unprecedented influence […]
Malaysia - The Sale Of Goods Bearing A Trademark Over The Internet Is Recognized As Use Of The Trademark In Malaysia
In a recent decision the Malaysian High Court in the case of Abercombie & Fitch Co. & Anor V Fashion Factory Outlet KL Sdn Bhd & Ors [2008] 4 MLJ 127, held that sale of goods bearing a trademark over the Internet or via a website is recognized as use of the trademark. In the […]
The Test For Interlocutory Injunction In Trademark Infringement and Passing Off Tightens in Malaysia
In the recent Malaysian decision of Sanbos (M) Sdn Bhd v Tiong Mak Liquor Trading (M) Sdn Bhd [2008] 3 MLJ 100, the High Court dealt with the test of what would be sufficient to grant an interlocutory injunction in trademark and passing off matter. The Plaintiff was the registered proprietor of the trademarks "CLUB […]