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 commercial reality that an infringement may often impact a ... Read More

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 10(1) of the CA. Other than copyright, it is noteworthy ... Read More

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 infringement suit (with an interim injunction application) and to support ... Read More

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, the scope of a patent claim in the UK was ... Read More