COMPARATIVE ANALYSIS OF MALAYSIAN AND AUSTRALIAN COPYRIGHT INFRINGEMENT CASES
This article examines two significant copyright infringement cases: Elias bin Idris v Mohd Syamsul bin Md Yusof & Ors in Malaysia and Zeccola v Universal City Studios Inc in Australia. By comparing the facts, legal issues, and judicial reasoning in these cases, we aim to understand the principles governing copyright infringement across different jurisdictions.
Malaysian Case
The Appellant...
ADIPVEN ANNOUNCES RECOGNITION OF RAMAKRISHNA DAMODHARAN AS PATENT STAR 2024 FOR MALAYSIA BY MANAGING IP
Adipven (M) Sdn. Bhd. (Adipven), a leading Malaysian Intellectual Property and Commercialisation (IP & C) Firm is proud to announce that our Managing Director, Ramakrishna Damodharan has been named Patent Star 2024 for Malaysia by Managing IP.
Managing IP’s annual awards celebrate the top IP professionals across the globe, recognizing outstanding achievements in the field. Mr....
IMPLICATIONS OF INDUSTRIAL DESIGN REGARDING COPYRIGHT INFRINGEMENT: A MALAYSIAN AND AUSTRALIAN PERSPECTIVE
The Malaysian case of Alustil Sdn Bhd v Vitally Sdn Bhd 2 CLJ 257 discusses the implications of industrial design regarding copyright infringement. The case talks about discussing and arguing a case of copyright infringement when the subject matter is a registered industrial design. Section 7(5) of the Copyright Act 1987 is applied here, where it is brought that an action based on an...
MALAYSIA: SIKA GROUP TAKES ON NIPPON PAINT
MALAYSIA: SIKA GROUP TAKES ON NIPPON PAINT
In 2023, a trademark and copyright dispute has ensued between three subsidiaries of the SIKA AG and Nippon Paint (Malaysia) Sdn. Bhd.
In a preliminary issue, the High Court held that only one of the subsidiaries, Sika AG (hereinafter referred to as “the Plaintiff”) had the requisite locus standi as the registered proprietor of the trademark to bring a...
MALAYSIA: FACEMASK BRANDS, FACING OFF!
MALAYSIA: Facemask Brands, Facing Off!
When news about COVID-19 hit, we all rushed to the shelves to buy rapid antigen tests and facemasks. A company that established itself in the facemask business was Maystar Beauty Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) has registered its trademark NEUTROVIS in Classes 3, 5 and 10 (hereinafter referred as “the Plaintiff’s Mark”).
In 2023,...
MALAYSIA: THINKING ABOUT USING SOMEONE’S IP? THINK AGAIN!
MALAYSIA: Thinking about using someone’s IP? Think again!
Copying and pasting in this technological age is as easy as pie. A few clicks of a button and boom…. someone else’s pictures, logo and videos are “yours”… Well not really. Exercise caution when copying and pasting. Using third party trademarks and copyrighted materials without consent of the owners can lead to expensive legal...
MALAYSIA: IMPORTANCE OF ADDUCING PROPER EVIDENCE TO SUBSTANTIATE YOUR CLAIMS
MALAYSIA: IMPORTANCE OF ADDUCING PROPER EVIDENCE TO SUBSTANTIATE YOUR CLAIMS
This article summarizes the judgement on the amount of damages awarded to the Plaintiff against the Defendants for their acts of copyright infringement in the case of Honda Giken Kogyo Kabushiki Kaisha (hereinafter referred to “the Plaintiff” or “the Appellant”) and Mforce Bike Holdings Sdn Bhd & Malaysian Formula...
MALAYSIA: FEDERAL COURT GAVE MUCH NEEDED CLARITY ON PATENT AND COPYRIGHT INFRINGEMENT ISSUES
YKL Engineering Sdn Bhd (hereinafter referred to as “the Appellant”) V Sungai Kahang Palm Oil Sdn Bhd (hereinafter referred to as “the 1st Respondent”) & Profina Teknik Sdn. Bhd. (hereinafter referred to as “the 2nd Respondent”) is a case which revolves around patent and copyright infringement issues.
The Appellant is involved in the business of designing and manufacturing equipment for...
MALAYSIA: CAN CORPORATE NAME AND DOMAIN NAME BE SUBJECT OF A TRADEMARK INFRINGEMENT ACTION?
In the case of Skyworld Holdings Sdn Bhd & Ors v Skyworld Development Sdn Bhd & Anor, the Federal Court (hereinafter referred to as “the FC”) revisited the decision of the Court of Appeal (hereinafter referred to as “the COA”) and clarified on the elements which need to be established in a case of trademark infringement.
Skyworld Holdings Sdn Bhd & Ors are affiliated companies...
MALAYSIA: AMENDMENTS TO COPYRIGHT ACT 1987 CAME INTO FORCE
The year 2022 saw notable changes to the Intellectual Property (IP) scene in Malaysia with significant amendments being made to key legislations which deal with IP in Malaysia among which include amendments to the Copyright Act 1987 (“the CA 1987”) which was effected by the Copyright (Amendment) Act 2022 (“ the Amendment Act”). The Amendment Act was passed by the Dewan Rakyat on 18 December...