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…