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: YKL ENGINEERING DEFEATED DURING APPEAL
This is a Malaysian case relating to YKL Engineering Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) v Sungai Kahang Palm Oil Sdn. Bhd. (hereinafter referred to as “the 1st Defendant”) and and Profina Teknik Sdn. Bhd. (hereinafter referred to as “the 2nd Defendant”) which concerns patent and copyright infringement issues.
The Plaintiff is a design and manufacture company of specialized...
MALAYSIA: PATENT – ULTIMATE DECISION ON DEPENDENT CLAIM’S SURVIVAL IN COURT
On 26 June 2018, an application for leave to appeal to the Federal Court filed by Merck Sharp & Dohme Group and Merck Sharp & Dohme (Malaysia) Sdn Bhd (hereinafter referred to as the Appellants) was granted. The application for leave to appeal was following the dismissal by the High Court on 30 August 2016 of the Appellants’ infringement action against Hovid Berhad (hereinafter...
MALAYSIA: HOW PATENT DAMAGES ARE ACCESSED BY COURT
In the case of Asia File Products Sdn Bhd (herein referred as “Plaintiff”) V Brilliant Achievement Sdn Bhd, Lion File Marketing Sdn and Kho Kok Seang (herein referred as “1st, 2nd and 3rd Defendant respectively”) at the Court of Appeal against the Senior Assistant Registrar’s (hereinafter referred to as “the SAR”) assessment of compensatory damages for patent infringement (hereinafter referred...
MALAYSIA: MERCK SHARP & DOHME HITS ANOTHER OBSTACLE
In January of 2019, the Court of Appeal at Putrajaya delivered a judgment to the matter of Merck Sharp and Dohme Corp (hereinafter referred to as “Appellant 1”) and Merck Sharp and Dohme (Malaysia) Sdn. Bhd. (hereinafter referred to as “Appellant 2”) v Hovid Berhad (hereinafter referred to as “Respondent”), which attracted a lot of interest in the industry and amongst patent practitioners in...
MALAYSIA: KINGTIME IS VICTORIOUS
In November of 2018, the High Court of Malaya in Kuala Lumpur delivered a judgement in Kingtime International Limited (hereinafter referred to as “Plaintiff 1”) and Gryphon Energy (Asia-Pacific) Sdn. Bhd (hereinafter referred to as “Plaintiff 2”) v Petrofac E&C Sdn. Bhd (hereinafter referred to as “Defendant”), which dealt with the principles of interpretation of claims in a patent...
MALAYSIA: PATENT FOUND TO INVALID
In a recent patent infringement dispute between Hong Yik Plastics (M) Sdn Bhd. (hereinafter referred to as the “Plaintiff”) and Ho Shen Lee (M) Sdn Bhd., as well as TNL Plastic Manufacturer Sdn Bhd. (hereinafter referred to as the “Defendants”), the High Court had to decide on the following issues:
Whether there was patent infringement on the Plaintiff’s patent
Whether the Plaintiff’s patent...
PPH MyIPO – CNIPA
MYIPO HAS STARTED PILOT A PPH/PCT-PPH PROGRAM WITH CNIPA
We are pleased to inform all of our clients and associates that effective from 1 July 2018, the Intellectual Property Corporation of Malaysia (MyIPO) has started a pilot Patent Prosecution Highway (PPH) program with the Chinese National Intellectual Property Administration (CNIPA). The pilot program will be for a period of three years...
MALAYSIA: LATEST UPDATES ON PATENT PROSECUTION MATTERS
On 1 June 2016, the Intellectual Property Corporation of Malaysia (MyIPO) has issued three practice directions on amendments to patent applications, divisional applications and recording a filing date for patent applications.
Amendments to patent applications that receive clear substantive examination report as the first office action
For patent applications that have fulfilled the substantive...
MALAYSIA: SKB’S APPEAL DISMISSED BY THE FEDERAL COURT
This is the Appellant’s appeal against the whole of the decision of the Court of Appeal in allowing the Respondents’ appeal against the decision of the High Court of Kuala Lumpur and this appeal is therefore dismissed by the Federal Court with costs.
SKB Shutters Manufacturing Sdn. Bhd. (hereinafter referred to as “the Appellant”) is the registered proprietor of Malaysian Patent No....