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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”.
18 May 2017
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.
27 February 2017
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.
23 November 2016
<i>The Economist</i>’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.
12 October 2016
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.
16 June 2016
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. The industrial designs law is a standalone regime and bears little similarity to the patent legislation. Applications undergo formal examination only, although objections of a substantive nature are occasionally raised.
14 December 2015
In <I>Mesuma Sports Sdn Bhd v Majlis Sukan Negara Malaysia</I>, the Federal Court has held that common law trademark ownership in a design could be claimed only if there was use of the design as a trademark on goods in the course of trade. The court found that the respondent, the National Sports Council, was the first to use the design as a distinctive sign in the course of trade under its contractual sponsorship arrangement with the appellant, Mesuma Sports.
18 November 2015
In <I>Ho Tack Sien v Rotta Research Laboratorium SpA</I>, the Federal Court has clarified the role of the registrar of trademarks in infringement and expungement actions. Among other things, the court held that neither the court nor the registrar has discretion to allow a wrongfully registered trademark to continue to remain on the register. Importantly, the court also ruled that a registration is merely a rebuttable presumption that a mark is valid.
11 June 2015
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