August 19, 2019

Malaysia’s New Trademarks Bill 2019: 10 Key Changes You Need to Know

On 2 July 2019, the Trademarks Bill 2019 was passed by the Dewan Rakyat (House of Representatives) and by the Dewan Negara (Senate) on 23 July 2019. The Trademarks Act 2019 (“new Act”) will come into force on a date to be appointed by the Minister of Domestic Trade and Consumer Affairs by notification in Gazette.
August 13, 2019

Key Amendments to the Companies Act 2016 (Malaysia)

The Companies (Amendment) Bill 2019 was passed by the Dewan Rakyat (the House of Representatives) on 10 July 2019 and by the Dewan Negara (the Senate) on 31 July 2019. The amendment bill makes amendments to the Companies Act 2016 (“Act”). This is the first-time amendments are made to the Act.
January 2, 2019

How to Determine Inventive Concepts and Inventive Steps of An Invention

The decision of the Federal Court (“FC”) concerns the validity of a Malaysian patent in respect of a floor trap (“the said patent”) The facts of the case show that the Appellant brought an action against the Respondent for, inter alia, infringement of the said patent and the Respondent in return, filed a counterclaim seeking a declaration that the patent is invalid on the usual grounds of lack of novelty and inventive step. The High Court ruled in favour of the Respondent and the decision was affirmed by the Court of Appeal and hence the appeal.
January 2, 2019

Personal Data Protection Department Flexes its Muscles

Between January 2017 and February 2018, eight companies have been hauled up by the Personal Data Protection Department (“PDPD”) for breaching the Personal Data Protection Act 2010 (“PDPA”). Three out of the 8 companies were charged in 2017
January 2, 2019

Can an Objection to Trade Mark Registration be Appealed to the Federal Court?

In the recent case of Merck KGaA v Leno Merketing Sdn Bhd (“Merck”), the Federal Court (“FC”) decided on the question on whether the High Court, in exercising its power to hear appeals emanating from the Registrar of trade mark under the Trade Marks Act 1976 (“TMA”) is acting in its original jurisdiction or appellate jurisdiction, and bearing such jurisdictions, can an appeal emanating from the Registrar be appealed to the FC?
January 2, 2019

Swiss-Type Claims Patentable in Malaysia

In the recent case of Merck Sharp & Dohme Corp & Anor v Hovid Bhd (“Merck”), the IP High Court at Kuala Lumpur confirmed that Swiss-type claims are allowed in Malaysia. A “Swiss-type claim” is a claim intended to cover the second or subsequent medical use (or indication) of a known substance or composition.
January 2, 2019

Federal Court Ruling on ‘Is an Ex Parte Trade Description Order an affront to Justice’?

Owner of a registered trade mark may apply for a TDO pursuant to the Trade Descriptions Act 2011 (“the Act”) to declare that another mark or get-up is being used by any other person in the course of trade to infringe his statutory rights. A TDO is seen as an effective legal measure to combat counterfeit goods in the market when the identities of the infringers are not known.
January 2, 2019

Public Consultation Paper No. 1/2018 on the Implementation of Data Breach Notification

In light of the recent cases of personal data breach that has occurred in Malaysia, the Department of Personal Data Protection have introduced a public consultation paper on the implementation of Data Breach Notification (“DBN”) which is also generally practised in majority of the countries worldwide.
January 2, 2019

Malaysia seeks to expand personal data protection

Malaysia will soon be joining the growing number of global jurisdictions that are adding specific data breach notification requirements to companies operating in Malaysia, re-emphasizing the need for multinational companies to have a global regulatory strategy when it comes to privacy and cybersecurity. Indeed, as Malaysia’s Public Consultation Paper No. 1/2018 states: personal data breach “has become a global threat,” and thus multinationals need to have plans in place to accommodate the growing number of global regulations.