Region: Malaysia

Apex court rules that import and distribution of products meant for foreign jurisdiction constitute infringement and passing off

The key takeaway from this decision is that trademark owners ought to consider indicating on their packaging that the sale of their products is restricted to a particular region or country.

26 July 2022

Malaysia counterfeit seizures; USPTO to terminate Rospatent functions; CNIPA releases annual report – news digest

In our latest round-up, we look at Amazon not being liable for third-party counterfeits, the EUIPO teaming up with exhibition and events associations, and much more.

07 June 2022

The IP valuer’s wish list – data and dollars assigned to rights

In the third article of a four-part series, WTR asks IP valuers what they would like to see from the IP community and why companies should give valuation a second look.

24 May 2022

IP financing in Asia – why so few loans and what can we do about it?

In the second article of a four-part series, WTR investigates IP financing in Asia to find out why it is not more prevalent and how stakeholders are addressing the challenges.

20 May 2022

The landscape of IP valuation in Asia – who, where and how much

In the first of a four-part series, WTR delves into the IP valuation landscape in Asia to understand why there are so few IP valuers and why it is so expensive.

19 May 2022

Apex court elucidates effect of disclaimed words in infringement action

This landmark decision has far-reaching implications, beyond the confines of trademark infringement.

11 March 2022

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