MALAYSIA: PATENTS (AMENDMENT) ACT 2022 CAME INTO FORCE
The Patents (Amendment) Act 2022, (hereinafter referred to as “the Amendment Act”), the act which effected significant changes to the Patents Act 1983 (hereinafter referred to as “the Patents Act”), was passed by the Dewan Negara of Parliament (Senate) on 22 December 2021 and received Royal Accent on 4 March 2022.
The Amendment Act came into force in Malaysia on 18 March 2022, the same date...
MALAYSIA – PROVING THE FIRST USER AND COMMON LAW PROPRIETOR
In the battle at the Court of Appeal between SRAM, LLC (hereinafter referred as “Appellant”) and Huan Schen Sdn Bhd (hereinafter referred as “Respondent”), the Appellant had filed an appeal to rebut the decision of the learned Judicial Commissioner (JC) dated 4 May 2016, to expunge the Appellant’s marks under Registration Numbers: 05016151, 07017014, 09012790 and 09003528 in class 12 from the...
MALAYSIA: INFRINGEMENT THROUGH UNAUTHORIZED PARALLEL IMPORTION
The High Court of Malaya had approved a trade description order filed by Pt. Garuda Food Putri Jaya TBK (hereinafter referred as “Applicant”) under the Trade Descriptions Act 2011 as there is a trade mark infringement occurred for the genuine products that were brought in through an unauthorized parallel importation. It was found that the registered trade mark proprietor has legal rights to...
MALAYSIA: TRADEMARK INFRINGEMENT AND TORT OF PASSING OFF CLARIFIED
Ortus Expert White Sdn Bhd v Nor Yanni bt Adom & Anor is a case which re-examined the principles which deal with trademark infringement and tort of passing off.
The Plaintiff is a distributing company for “Royal Expert” beauty products (hereinafter referred to as “the Plaintiff’s product”) and the owner of the “Royal Expert White” trademark (hereinafter referred to as “the Plaintiff’s...
MALAYSIA: MUST A TRADEMARK BE USED DOMESTICLY OR INTERNATIONALLY TO BE VALID?
SRAM, LLC v Huan Schen Sdn. Bhd. is a case which deals with expungement of trademark in which the Court of Appeal (hereinafter referred to as “the COA”) inter alia revisited the concept “use” of trademark, validity of a registered trademark and effect of cessation of the use of a trademark.
The Appellant is a US based company which manufactures bicycles, bicycles parts and accessories under...
MALAYSIA: COURT REFUSED CASE TRANSFER
Hassan Bin Zulkifli (hereinafter referred as the “Defendant”) had applied for pursuant to Order 57 Rule 1 (4)(a) of the Rules of Court 2012 (“ROC”) for the current suit filed by Muhammad Hafidz Bin Mohd Dusuki (hereinafter referred as the “Plaintiff”) against him to be transferred to the Kota Bharu High Court. However, this application was dismissed by the Court.
Order 57 r.1 of ROC – Transfer...
MALAYSIA: TRADE MARKS INVOLVING CHINESE PRAYER PAPERS AND BOXES WERE EXPUNGED
Three appellants namely Ooi Siew Bee, BM Eng Leong Sdn. Bhd and Tan Choo Hin (hereinafter referred as “the original Plaintiffs”) had made an appeal in the Court of Appeal (COA) against the dismissal of their application to expunge the respondent’s, Zhu Ge Kong Ming Sdn. Bhd. (hereinafter referred as “the original Defendant”) trade marks by the High Court of Malaya.
In the past, the original...
MALAYSIA: COURT OF APPEAL AFFIRMED DEPUTY REGISTRAR ASSESSEMENT OF COSTS AND DAMAGES
This is an appeal filed by Eng Hin Aquatics Sdn. Bhd. (hereinafter referred as “the original Defendant”) at the Court of Appeal (COA) against the decision of the learned Deputy Registrar (hereinafter referred as “the DR”) who awarded compensatory damages to Pets Global Pte. Ltd. and AS Frost Sdn. Bhd. (hereinafter referred as “the original Plaintiffs”) pursuant to an assessment of damages...
MALAYSIA: IP COURT CLARIFIES WHEN ORDER FOR COST AGAINST PLAINTIFF CAN BE ISSUED
The power of a Court to order the Plaintiff to an action to provide security for cost was analysed in the case of Wei Her Pte Ltd v Ooi Teik Seng & Dry Cut Sdn. Bhd.
The Defendants in the present case applied to the IP Court for an order against the Plaintiff, which is a Singapore company, to provide security for costs until the final disposal of the suit. The Court allowed the application...
MALAYSIA: CAR MAKERS LOST IN THE FIRST ROUND OF COURT PROCEEDINGS
Perusahaan Otomobil Kedua Sdn. Bhd. and Perodua Sales Sdn. Bhd. (hereinafter referred as the “Plaintiffs”) in their suit alleged that Lee Lap Kee, sole proprietor carrying a business under the name “Eco Auto Supply” (hereinafter referred as the “Defendant”) had, without licence and authority of the Plaintiff, imported, manufactured, produced, reproduced, distributed, supplied, sold and/offered...