Region: Malaysia

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.

02 May 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.

22 March 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.

01 March 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.

06 February 2018

Protecting and enforcing design rights: Malaysia

Featured in Designs: A Global Guide 2018

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.

11 December 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.

24 October 2017

Procedures and strategies for anti-counterfeiting: Malaysia

Featured in Anti-counterfeiting: A Global Guide 2017

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

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.

27 February 2017

Protecting and enforcing design rights: Malaysia

Featured in Designs 2017: A Global Guide

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.

24 November 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.

23 November 2016

Unlock unlimited access to all WTR content