Malaysia

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

New EUIPO report charts increasing sophistication and diversification of counterfeiters

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25 Apr 2019

Malaysia IP Agency of the Year: Henry Goh & Co Sdn Bhd

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15 Apr 2019

A LIP TATTOO too easily erased? LVMH successfully defends suit against its use of DIOR ADDICT LIP TATTOO

LVMH has defeated an action brought by local cosmetics manufacturer Shinzens, owner of the mark LIP TATTOO, against LVMH’s use of the mark DIOR ADDICT LIP TATTOO in Malaysia. Read more

26 Nov 2018

Breaking new ground: Court of Appeal rules that ‘first user’ principle is not applicable to disputes between related entities

In Pathmanathan v Portcullis (Singapore) Pte Ltd, the Malaysian Court of Appeal has held that the courts are not bound by “hard and fast legal rules” when deciding on the ownership of a trademark among related entities. Read more

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Anti-counterfeiting

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18 May 2017

Procedures and strategies for anti-counterfeiting: Malaysia

Malaysia remains committed to strengthening and enforcing its IP laws in order to improve domestic socio-economic development. The country’s efforts in fighting piracy and counterfeiting – which include improved legislation and enforcement – have won it praise. The inter-agency Special Anti-piracy Taskforce has been applauded for its efforts in “deterring and preventing infringing distribution networks”. Read more

12 Oct 2016

Hong Kong performs well in illicit trade rankings, despite massive counterfeit trade volume

The Economist’s Intelligence Unit and the European Chamber of Commerce in Singapore (EuroCham SG) today released a report measuring Asia-Pacific jurisdictions by the extent to which they enable illicit trade, including counterfeiting and piracy. Singapore itself has a somewhat disappointing placing, just outranking China and beaten by its larger neighbour Malaysia; while Hong Kong’s high placement is somewhat at odds with other measures of its contribution to the global counterfeiting trade. Read more

Enforcement and litigation

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15 Apr 2019

A LIP TATTOO too easily erased? LVMH successfully defends suit against its use of DIOR ADDICT LIP TATTOO

LVMH has defeated an action brought by local cosmetics manufacturer Shinzens, owner of the mark LIP TATTOO, against LVMH’s use of the mark DIOR ADDICT LIP TATTOO in Malaysia. Read more

26 Nov 2018

Breaking new ground: Court of Appeal rules that ‘first user’ principle is not applicable to disputes between related entities

In Pathmanathan v Portcullis (Singapore) Pte Ltd, the Malaysian Court of Appeal has held that the courts are not bound by “hard and fast legal rules” when deciding on the ownership of a trademark among related entities. Read more

6 Feb 2018

Apex court: TDOs may declare that goods are imitations

The Federal Court has considered the meaning and significance of Section 9 of the new Trade Descriptions Act 2011. Read more

24 Oct 2017

Apple and Samsung back in court, trademark preparation for Singles Day, and an NBA legend’s counterfeit haul: news round-up

In the latest round-up, we look at the next step in a long-running IP feud between Apple and Samsung, a call for plain packaging in United Arab Emirates, and much more. Read more

Goverment/policy

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27 Feb 2017

Companies Commission prohibits corporate names which may mislead as to identity of company

The Companies Commission of Malaysia has issued the Guidelines on Company Names, which apply to all applications for registration of the name for incorporation of a company or a change of corporate name. In practice, the CCM now prohibits applicants for registration of a new corporation or business from adopting a name which is identical to a registered trademark. Read more

16 Jun 2016

Boost for tobacco brands as poll confirms consumer fears over counterfeit impact of plain packaging

One of the arguments made against the introduction of plain packaging for cigarettes and other tobacco products is that the absence of branding would exacerbate the problem of counterfeiting, with potentially unsafe products becoming more accessible. As Malaysia lays the groundwork for a plain packaging regime, a recent poll of Malaysian consumers would seem to support that concern. Read more

Portfolio management

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24 Nov 2016

Protecting and enforcing design rights: Malaysia

The protection of industrial designs in Malaysia is governed by the Industrial Designs Act 1996 and the Industrial Designs Regulations 1999, which came into force on September 1 1999. Read more

23 Nov 2016

IP Court holds that 3D mark is a device

Three-dimensional (3D) trademarks are notoriously difficult to register in Malaysia because the existing law does not specifically provide for the registration of shape marks. However, many 3D trademarks have been filed by taking advantage of the non-exhaustive definition of a mark under the Trademarks Act 1976. Read more

Trademark law

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2 May 2018

Good news for foreign mark owners: trademark hijacking thwarted by High Court

The Malaysian High Court has ruled that an authorised distributor is not allowed to hijack a trademark belonging to its manufacturer or supplier by registering the mark in its own name. Read more

22 Mar 2018

Franchising: the legislative framework in Singapore and Malaysia

The rules governing franchise agreements vary greatly across Asia. Here, we look at the different legislation related to enforcement and termination in Singapore and Malaysia. Read more

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

6 Feb 2018

Apex court: TDOs may declare that goods are imitations

The Federal Court has considered the meaning and significance of Section 9 of the new Trade Descriptions Act 2011. Read more