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Is a Doctrine of Equivalents applicable in Malaysia?

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,…

Greater Protection for Well-known Trademarks

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 Protection for this category was first introduced in 2001 when the now repealed Trade Marks Act 1976 was…

Singapore’s Accession to the Locarno Agreement

As part of Singapore’s continuous commitment to regularly review its intellectual property regimes to ensure that they are progressive and world-class, Singapore has signed and acceded to the Locarno Agreement Establishing an International Classification for Industrial Designs on 19 December…

Fundamentals of Copyright Revisited – A Case Review

The law of copyright is based on the principle that anyone who, by his or her own skill and labour, creates an original work shall enjoy the exclusive right to copy that work. Anyone who copies the created work without…

Federal Court breathes Life back into Dependent Claims

In a rare though welcome reversal, the Federal Court in Merck Sharp & Dohme & Anor v Hovid Berhad ([2019] 9 CLJ 1) has over-ruled its earlier authority on the effect of invalidation of an independent claim of a patent on the…