THE DABUS SAGA: GLOBAL FIGHT FOR AI TO BE RECOGNISED AS AN INVENTOR
THE DABUS SAGA: GLOBAL FIGHT FOR AI TO BE RECOGNISED AS AN INVENTOR
The emergence of artificial intelligence (‘AI’) has taken the world by storm. This technological advancement has seamlessly permeated many industries, where they are reaping the benefits of automation, improvement of processes and workflow, accelerated data analysis, and even the creation of inventions. Not surprisingly,...
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: CAN A DISTRIBUTOR REGISTER A TRADEMARK UNDER THEIR NAME FOR GOODS BEARING THE TRADEMARK WHICH THEY DISTRIBUTE?
MALAYSIA: CAN A DISTRIBUTOR REGISTER A TRADEMARK UNDER THEIR NAME FOR GOODS BEARING THE TRADEMARK WHICH THEY DISTRIBUTE?
INTRODUCTION
You have finally received your Certificate of Registration (hereinafter referred to as “CoR”) for a trademark, phew! But wait, does this mean your rights to use your trademark exclusively and prevent the use of your trademark by others absolute and...
MALAYSIA – KINGTIME’S PATENTS ATTACKED AGAIN
INTRODUCTION
Are you an owner of a patent in Malaysia? Are you keen on actively protecting your rights? Are you aware of the different types of obstacles you may encounter in bringing an action for patent infringement pursuant to Section 59 of the Malaysian Patents Acts 1983? The case of Kingtime International Ltd and Petronas Carigali Sdn Bhd (2022), showcases some of these obstacles....
MALAYSIA: IP FUND (DANA IP 2.0)
MALAYSIA: IP FUND (DANA IP 2.0)
In an attempt to help alleviate the burden placed on Malaysian entrepreneurs and to promote the creation and protection of intellectual property amongst local Malaysians, the Malaysian Government has allocated RM4 million into an intellectual property (IP) fund known as Dana IP 2.0.
The program will run between the year 2022 and 2025, where successful applicants...
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: OWNERSHIP, INFRINGEMENT, TORT OF PASSING OFF AND COMMON LAW
TAN KIMHOCK TONG SENG FOOD INDUSTRY SDN BHD v TAN KIM HOCK PRODUCT CENTRE SDN BHD and SIAH SIU ENG is a Malaysian case of trademark infringement and passing-off as tried and decided in the Court of Appeal.
TAN KIMHOCK TONG SENG FOOD INDUSTRY SDN BHD (hereinafter referred to as the Respondent) is a private limited company incorporated in Malaysia which was established by its founder Mr. Tan Kim...
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 TRADEMARKS ACT 2019 AND TRADEMARK REGULATIONS 2019 EMPOWER GEOGRAPHICAL INDICATIONS ACT 2022
In the first quarter of 2022, Malaysia saw key legislations governing Intellectual Property (IP) being amended and new legislations being introduced. Among the newly introduced legislation is the Geographical Indications Act 2022 (“the GI Act 2022”) which came into force on 18 March 2022.
The GI Act 2022 replaced Geographical Indications Act 2000 (“the GI Act 2000”), which also brought about...
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...