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<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
Malaysia continues to expand its recognition of intellectual property as the intellectual capital of a business. One major effort has been in the education of financial institutions in the area of IP financing. On the legislative front, the Industrial Designs Act 1996 was the first IP legislation in Malaysia to accord recognition to industrial designs as personal property which may be assigned, transmitted or dealt with in the same manner as other personal or movable property.
08 May 2015
MyIPO has launched the IPR Marketplace Portal, which aims to bring together and connect individuals, investors and businesses for the purpose of commercialising and trading in IP rights. Among other things, the portal enables IP owners to put their patents, industrial designs, copyright and trademarks up for sale or out-licensing.
30 July 2014
In <I>Wieland Electric GmbH v Industrial Automation (M) Sdn Bhd</I>, German company Wieland Electric GmbH has obtained the cancellation of a trademark registered by Industrial Automation (M) Sdn Bhd, its former Malaysian distributor. Among other things, the court held that Industrial Automation had committed fraud on the registrar by misrepresenting itself as the rightful proprietor of the WIELAND mark.
24 April 2014
The Geographical Indications (Amendment) Regulations 2013 have come into effect. They aim to regulate the requirements for registration of GI agents and to stipulate the procedures for the renewal of a GI. Pursuant to the regulations, there will now be a Register of Geographical Indications Agents.
04 September 2013
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