Apex court: TDOs may declare that goods are imitations
The Federal Court of Malaysia has recently expounded on the meaning and significance of Section 9 of the new Trade Descriptions Act 2011. In Tan Kim Hock Product Centre Sdn Bhd v Tan KimHock Tong Seng Food Industry Sdn Bhd (Federal Court Civil Appeal No 02-6-02/2016(W), 2017 1 LNS 1748, unreported), questions of law relating to the scope and application of Section 9 of the 2011 act were examined. Section 9 empowers the High Court to declare that an infringing trademark is a “false trade description”. An order issued by the High Court under Section 9 is called a “trade description order” (TDO).
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