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.