Malaysia

The Malaysian Trademarks (Amendment) Regulations 2011 came into force on February 15 2011, introducing a number of significant changes, the most notable being an expedited examination process, a streamlined ordinary examination process and an increase in the official fees (much to the chagrin of trademark professionals). These changes have taken place against a backdrop of general legal modernisation, which is partly in view of Malaysia’s possible future accession to the Madrid Protocol. Brand owners perceive counterfeiting to be a serious problem in the domestic IP industry, especially within the fashion and luxury goods sectors. The Enforcement Division of the Ministry of Domestic Trade and Consumer Affairs is proactive and effective in tackling counterfeiters; the customs authorities are also becoming increasingly involved. The government’s efforts to combat this problem are encouraging to brand owners and their advisers. While Shearn Delamore & Co and Skrine have traditionally dominated the trademark market, competition has intensified and there is now plenty of choice for expert external counsel.