Region: Malaysia

Federal Court rules that the variation of a plaintiff’s registered mark is not a remedy in an infringement action

In a landmark decision, the Malaysian Federal Court has ruled that a plaintiff in an infringement action is not legally obliged to consider the option of co-existence on the ground of honest concurrent use.

21 October 2021

Brand enforcement takeaways from Brand Strategy Southeast Asia

This week, IPBC Southeast Asia, hosted by IAM, and WTR’s Brand Strategy Southeast Asia, were hosted simultaneously.

13 October 2021

Apex court confirms that celebrities may sue for passing off of their own name

This groundbreaking decision of the Malaysian Federal Court, which is in line with decisions in other common law jurisdictions such as the United Kingdom and Australia, will be welcomed by Malaysian celebrities.

11 June 2021

Court of Appeal: independent and distinct goodwill may be built up by local agent using own trademark and trade name

In a welcome development in the law of passing off in Malaysia, the Court of Appeal has confirmed that the cause of action of passing off is premised on the goodwill generated by the use of a distinctive indication of origin - whether a trademark or a trade name.

10 May 2021

The Rolling Stones and New Balance feature in Asia-Pacific Legal Updates you may have missed

Each quarter we will be running a series of pieces presenting recent Legal Updates that you may have missed. For this instalment we turn our attention to the Asia-Pacific region.

27 April 2021

Court of Appeal holds that declarations of non-infringement are available under Trademarks Act

In a landmark decision that should be welcomed by the trademark community, the Malaysian Court of Appeal has declared that any interested party may obtain a declaration of non-infringement under the Trademarks Act 1976.

03 February 2021

Surge in counterfeit imports into Southeast Asia: crucial customs strategies for brand owners

Exports of counterfeit goods from China are increasingly heading to Southeast Asia. This guest analysis explores the strategies that rights holders should employ.

04 November 2020

Enforcement data reveals destination shift for counterfeits originating in China

The true scope of the illicit trade of fake goods is hard to define, but analysis by Rouse indicates that Southeast Asia is a fast-rising hotspot.

07 August 2020

High Court cans counterfeit beer importer’s weak defence

Malaysian court’s recent ruling in favour of a brewer follows established case law on registration but notes sound public health reasons for cracking down on fake alcoholic beverages.

06 July 2020

MyIPO operations in the wake of the covid-19 pandemic

As of 8 May 2020, the Intellectual Property Corporation of Malaysia has resumed operations in stages and on a limited basis.

18 May 2020

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