It is a commonly accepted principle that copyright ownership lies with the author of a work. In Malaysia, it is codified in Section 26 (1) of the Copyright Act 1987 (CA) which provides that copyright shall vest initially in the…
The Covid-19 pandemic which wreaked havoc across the globe in the early months of 2020 has since brought rapid changes to the way business is conducted all over. One obvious effect in Malaysia particularly, is the forced rapid digitalisation of…
I – AMENDMENTS TO THE SINGAPORE GEOGRAPHICAL INDICATIONS ACT 2014 AND GEOGRAPHICAL INDICATIONS RULES The Singapore Geographical Indications (Amendment) Act 2020 and Geographical Indications (Amendment No. 2) Rules 2020 entered into force on 15 August 2020. The amendments elucidate the…
Since our last article in August 2019 on Malaysia’s new Trademarks Act 2019 (“the Act”) and its subsequent enforcement on 27 December 2019, a lot has happened across the globe. For one, the current COVID 19 pandemic has almost upended…
Malaysia’s Patents Act 1983, Industrial Designs Act 1996 and Trademarks Act 2019 all contain provisions under which a licensee of the registration owner may take action for infringement in their own name in certain prescribed circumstances. These provisions reflect the…
In our last article, we have explored one of the fundamentals of copyright in that an original work is protectable under the Copyright Act 1987 (“CA”) if it falls under one of the categories of the protectable works under section…
What is in a name? Can one be entitled to use it legally as a trademark? The answers may be gleaned from the recently decided case of Diesel S.P.A. v Bontton Sdn Bhd [2020] MLJU 715. In response to a trademark…
In a landmark 2017 decision, the United Kingdom’s Supreme Court determined that patent infringement can arise even in a scenario where the alleged infringement is outside the wording of the claim when construed according to established principles of construction. Traditionally,…
This article was first published by IP Watchdog, Inc. on 26 March 2020 and is reproduced with the kind permission of the author. To view the original publication, please click here. If while you’re reading this you are stuck at home…
The newly minted Malaysian Trademarks Act 2019, enforced since 27 December 2019 gives a breath of fresh air for well-known trademark owners. Protection for this category was first introduced in 2001 when the now repealed Trade Marks Act 1976 was…