The processes for allowance and grant of patents in Malaysia differ significantly from those in many other jurisdictions. They are a common source of confusion and uncertainty. So, here are ten pointers that should help clarify the local practice. 1.…
Patents and trade secrets seem like opposite sides of a scale. Trade secrets derive their legal protection from their inherently secretive nature whereas patents can only be protected through disclosure of the invention – the specification in a patent application…
What are parallel imports? The court in Tien Ying Hong Enterprise Sdn Bhd v Beenion Sdn Bhd [2010] 8 MLJ 550 stated that parallel imports refer to goods, which are lawfully manufactured overseas but imported and distributed in Malaysia by a person…
In the case of Ceramiche Caesar Spa v Caesarstone Sdot-Yam Ltd [2017] SGCA 30, the Singapore Court of Appeal had to consider, inter alia, whether Caesarstone Sdot-Yam Ltd.’s (“Caesarstone”) trademark “CAESARSTONE” in Class 19 was similar to Ceramiche Caesar SpA’s…
One of the requirements for a trademark to be registered in Malaysia is that the mark or device has to be used in the course of trade. This raises the issue as to what would constitute ‘in the course of…
While the courts of the Malaysian capital Kuala Lumpur remain the centre of gravity for IP disputes, it is encouraging to note growth in the number and scope of cases being decided in other states across the country. A recently…