December 27, 2019

(Simplified Chinese) Madrid Protocol Reaches Malaysian Shores on the Eve of a New Decade – 2020

马德里议定书在2020年前夕到达马来西亚 马来西亚在2019年12月27日正式实施了马德里体系。马德里体系,俗称国际商标制度,为世界上多个国家的商标注册提供一个集中管理制度。渴望在海外寻求商标保护的本地品牌持有人仅仅需要在马来西亚提交一份申请,已可以指定为其出口市场所在的国家寻求商标保护。这个过程只需一套统一收费和单一汇率。因此,根据本地品牌持有人想寻求商标保护的国家数量,马德里体系具有成本效益,而且手续相对简单。
December 27, 2019

(Traditional Chinese) Madrid Protocol Reaches Malaysian Shores on the Eve of a New Decade – 2020

馬德裡體系在2020年前夕到達馬來西亞 馬來西亞在2019年12月27日正式實施了馬德裡體系。馬德裡體系, 俗稱國際商標制度, 為世界上多個國家的商標注冊提供一個集中管理制度。渴望在海外尋求商標保護的本地品牌持有人僅僅需要在馬來西亞提交一份申請,已可以指定為其出口市場所在的國家尋求商標保護。這個過程隻需一套統一收費和單一匯率。因此,根據本地品牌持有人想尋求商標保護的國家數量,馬德裡體系具有成本效益,而且手續相對簡單。
December 27, 2019

Madrid Protocol Reaches Malaysian Shores on the Eve of a New Decade – 2020

27th December 2019 marks the day when Malaysia officially implements the Madrid System. The Madrid System provides centralised management for the registration of trade marks in multiple countries around the world, commonly known as the International Trademark System. Local brand owners who are keen to seek trademark protection overseas can now file a single application in Malaysia and designate the countries of interest where their export markets lie - with one set of fees in a single currency. As such, depending on the number of countries of interest, the Madrid system is cost-effective and less cumbersome.
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.