Malaysia: Exporter Does Not Infringe A Locally Registered Trade Mark
In the case of Finder Industries (M) Sdn. Bhd. V M B Products (M) Sdn. Bhd., the High Court of Malaya at Melaka, Malaysia dismissed the Plaintiff’s claims for infringement and passing off.
Finder Industries (M) Sdn Bhd (hereinafter referred to as “the Plaintiff”) is a company incorporated in Malaysia and is a registered proprietor of the trade mark “O’Lagenda” claiming coffee, tea and cocoa in...
Malaysia: Court of Appeal Rejects Pfizer’s Application To Amend Patent
In the case of Pfizer Ireland Pharmaceuticals v Ranbaxy (Malaysia) Sdn. Bhd., the Malaysian Court of Appeal affirmed the High Court’s decision and restricted Pfizer Ireland Pharmaceuticals from modifying its patent claims.
Pfizer Ireland Pharmaceuticals (hereinafter referred to as ‘the Appellant’) is the owner of Malaysian Patent No. MY-111446-A (hereinafter referred to as ‘the Appellant’s...
Malaysia: Court of Appeal Found Magic Boo Innocent
In the case of Magic Boo Beauty Sdn Bhd v Koh Chui Ngoh T/A Perniagaan Lily, the Malaysian Court of Appeal overturned the High Court’s decision and declared Magic Boo Beauty Sdn Bhd free from the alleged claim of passing off.
Koh Chui Ngoh T/A Perniagaan Lily (hereinafter referred to as ‘the Respondent’) claimed to have imported into Malaysia and sold in the Malaysian market goods with the...
Malaysia: Nehemiah Reinforced Soil Sdn Bhd v Patrick Cyril Augustin & Anor: High Court’s Decision Upheld by Court of Appeal
Recipients of our e-newsletters will surely recall that we had reported in February 2012 that Malaysian High Court in Shah Alam had declared Patrick Cyril Augustin & Anor’s Malaysian Patent No. MY-103619-A to be invalid. Patrick Cyril Augustin & Anor had filed an appeal against the decision and recently, the Court of Appeal upheld the High Court’s decision and declared the patent to be...
Malaysia: What’s In A Name? Everything!
In the case of Tai Foong Lam v Hamdi Abdullah & 3 Ors, the Malaysian Court of Appeal overturned the High Court’s decision of allowing Hamdi Abdullah and others to continue using the name of their dissolved partnership firm and allowed Tai Foong Lam’s appeal without costs.
Tai Foong Lam (hereinafter referred to as “the Appellant”) and Hamdi Abdullah and Vincent Chan Siew Onn (hereinafter...
Malaysia: Trinity v Trinity
In the case of Trinity Group Sdn Bhd v Trinity Corporation Berhad, the High Court in Malaysia adjudged Trinity Corporation Berhad to have committed the tort of passing off and allowed the claims made by Trinity Group Sdn Bhd with costs.
Trinity Group Sdn Bhd (hereinafter referred to as ‘the Plaintiff’) is a private limited company incorporated in 2004 and involved in the business of project...
Malaysia: It’s A SWISS success
In the case of Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors v. Maestro Swiss Chocolate Sdn Bhd & Ors, the Court of Appeal reversed the High Court’s decision of dismissing Chocosuisse Union Des Fabricants Suisses De Chocolat & Ors claim against Maestro Swiss Chocolate Sdn Bhd & Ors for the tort of extended passing off and their claim under the Geographical...
Malaysia: It’s tough to SOCIALize
In the case of Tan Mei Li & Ors v Golden Regal Restaurant Sdn. Bhd., the High Court of Malaya at Kuala Lumpur adjudged Golden Regal Restaurant Sdn. Bhd. to have committed the tort of passing-off their business as that of Tan Mei Li & Ors.
Tan Mei Li & Ors (hereinafter referred to as ‘the Plaintiffs’) are the proprietors of restaurants and manage and operate the business of...
Malaysia: A case on wrongful dismissal and copyright benefits
In the case of John Kenneth Carpenter v Naim Land Sdn. Bhd., the High Court of Sabah and Sarawak at Kuching, Malaysia dismissed John Kenneth Carpenter’s claim for wrongful dismissal and copyright benefits.
John Kenneth Carpenter, an Australian (hereinafter referred to as ‘the Plaintiff’) was an employee of Naim Land Sdn. Bhd. (hereinafter referred to as ‘the Defendant’), having started the...
Malaysia: WIPO Copyright And Performances and Phonograms Treaties will enter into force in Malaysia on 27 December 2012
We are pleased to inform that Malaysia has deposited its instruments of accession to the WIPO Copyright and Performances and Phonograms Treaties and the Treaties will enter into force in Malaysia on 27 December 2012.
The deposit of the instruments affirms Malaysia’s commitments in ensuring intellectual property rights are protected in accordance with the international practices.
If you require...