Region: Malaysia

Free trade agreement talks progress well

Malaysia and the United States have held the first round of free trade agreement talks. The negotiations were held between US trade representatives and officials from the Malaysian Ministry of International Trade and Industry. The negotiations involved an exchange of data and gathering of information to identify areas of potential concern, including issues relating to intellectual property.

28 June 2006

IP Office clarifies extension of UK-registered design rights

Following a decision by the High Court of Malaysia, the Intellectual Property Office has sought to put an end to the confusion surrounding the extension of registered industrial design rights. The High Court ruling approved the extension of design rights up to a total of 25 years.

23 June 2006

High Court supports registry's refusal to force company name change

The High Court has refused to order Toyo Ink Group Berhad to change its name. The court found that not only was the name distinct from the plaintiffs', but also that the Malaysian Registry of Companies has no jurisdiction over foreign-registered companies and is under no duty to be vigilant over whether foreign companies' names are similar to those registered with it.

18 April 2006

Duration of UK-registered industrial designs extended

The High Court has ruled that industrial designs registered under the UK act before the Malaysian Industrial Designs Act came into effect on September 1 1999 are extendible for fourth and fifth terms of five years each. This decision overrules a circular issued by the Industrial Designs Registration Office in 2005 that stated that UK-registered designs would not be extendible beyond three five-year terms.

09 February 2006

High Court axes action against liquor mark

The Kuala Lumpur High Court has dismissed an application for an interlocutory injunction against the user of the TWO AXE device mark for liquor. The court held that (i) the plaintiff had failed to establish any likelihood of confusion with its KAPAK mark (meaning 'axe') for the same goods, and (ii) the defendant would suffer hardship if the injunction were granted.

21 October 2005

Special IP court moves step closer to reality

The creation of a specialized IP court has come one step closer to reality with the submission of a draft proposal to the attorney general last month. It is hoped that judges trained and experienced in IP issues will help (i) dispose of the backlog of IP cases efficiently, and (ii) Malaysia to rid itself of its reputation as a top exporter of counterfeited digital products.

14 October 2005

Concern over conflicting advice on industrial designs registration

The Industrial Designs Registration Office has issued a circular stating that designs registered under the UK Registered Designs Act 1949 may not be extended beyond three five-year terms. The circular contradicts earlier advice and has caused consternation among practitioners and owners of UK registered designs.

05 October 2005

MYNIC considers reintroducing '.my' 2LDs

MYNIC, the manager of the '.my' domain space, is considering reintroducing second-level domain names. It closed on June 24 a one-month consultation period on its proposal, which envisages to re-launch 2LDs in two phases: (i) a pre-registration period to allow registrants of 3LDs to register the equivalent 2LDs, and (ii) a second period open to the general Malaysian public.

12 July 2005

Novelty requirement territorial, confirms High Court

In <i>Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor</i>, the High Court has dismissed the defendant's argument that the plaintiff's designs for motorcycles registered in Malaysia were not new because vehicles of a similar design had been sold in Thailand prior to the plaintiff's application to register the designs. The court held that the novelty requirement applicable to designs is territorial.

08 July 2005

New labelling scheme for medicines now in place

A scheme requiring holographic labels to be affixed to the packaging of medicines and health supplements came into effect on May 1 2005. It is hoped that the new system will help to curb the rise in counterfeit, imitation and unregistered products being manufactured or imported and sold in Malaysia.

23 June 2005

Unlock unlimited access to all WTR content