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Malaysia

Apple MEMOJI lawsuit, Malaysia joins Madrid System, and TMview adds OAPI: news digest

In our latest round-up, we look at Huawei filing a lawsuit against a rival Chinese mobile maker, POW! Entertainment hitting back over Stan Lee lawsuit, Alt Legal acquiring MarkTend, and much more.

Apple MEMOJI lawsuit, Malaysia joins Madrid System, and TMview adds OAPI: news digest

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8 Oct 2019

Is extra-territorial use sufficient to ground a claim for ownership of a trademark?

In SRAM LLC v Huan Schen Sdn Bhd, the Malaysian Court of Appeal has seemingly expanded the concept of ‘use’ of a trademark to include extra-territorial use. Read more

17 Jul 2019

Infrequent pharmaceutical disputes have far-reaching consequences in Malaysia

While disputes over pharmaceutical trademarks are few and far between, decisions can have a significant effect on product manufacturing and public health. Read more

18 Jun 2019

Malaysia introduces totally revamped Trademarks Bill

The Malaysian Parliament has tabled a new Trademarks Bill 2019 which could bring about significant changes to the existing regime for trademark protection and enforcement in the country. Read more

25 Apr 2019

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

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Anti-counterfeiting

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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

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

Enforcement and litigation

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8 Oct 2019

Is extra-territorial use sufficient to ground a claim for ownership of a trademark?

In SRAM LLC v Huan Schen Sdn Bhd, the Malaysian Court of Appeal has seemingly expanded the concept of ‘use’ of a trademark to include extra-territorial use. Read more

18 Jun 2019

Malaysia introduces totally revamped Trademarks Bill

The Malaysian Parliament has tabled a new Trademarks Bill 2019 which could bring about significant changes to the existing regime for trademark protection and enforcement in the country. Read more

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

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

Portfolio management

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11 Dec 2017

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

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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7 Jun 2018

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. Read more

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

trending

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Apple MEMOJI lawsuit, Malaysia joins Madrid System, and TMview adds OAPI: news digest

2

Is extra-territorial use sufficient to ground a claim for ownership of a trademark?

3

Protecting and enforcing design rights: Malaysia

4

Procedures and strategies for anti-counterfeiting: Malaysia

5

Infrequent pharmaceutical disputes have far-reaching consequences in Malaysia

latest

1

Is extra-territorial use sufficient to ground a claim for ownership of a trademark?

2

Infrequent pharmaceutical disputes have far-reaching consequences in Malaysia

3

Malaysia introduces totally revamped Trademarks Bill

4

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

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Nancy Satiko Caigawa
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Sao Paulo, Brazil
Kasznar Leonardos Intellectual Property
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