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invalidation of malaysian patent prior art no surprises

Invalidation of Malaysian Patent – Prior Art – No Surprises

YKL Engineering Sdn Bhd (“YKL”) is a designer and manufacturer of specialized machinery and equipment for palm oil processing. YKL is also the registered owner of Malaysian Patent No. MY-139512-A (“the Patent”) in respect of a Fruit Bunch Splitter (“the…

getting ones just desserts

Getting One’s Just Desserts

It may be an opportune time to revisit the saga between Tan Kim Hock Tong Seng Food Industry Sdn Bhd (‘TKHTS’) and Tan Kim Hock Product Centre (‘TKHPC’), first covered in our article A Sticky Situation The case which kicked things…

the budapest treaty in malaysia and new directives

The Budapest Treaty in Malaysia and New Directives

On 31 March 2022, Malaysia deposited the instrument of ratification at the World Intellectual Property Organization (WIPO) Headquarters in Geneva and officially acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of…

trademark licensing in malaysia

Trademark Licensing in Malaysia

One of the notable new provisions that was encapsulated in the recently enforced Trademarks Act 2019 is the concept of ‘registrable transactions.’ In brief, registrable transactions acknowledge and recognize registered trademarks as personal property or moveable property and may be…

pursuing software patents in malaysia

Pursuing Software Patents in Malaysia

Pursuing patent protection for computer software related inventions have always been complicated affairs. Notwithstanding the substantial differing substantive requirements employed by different patent jurisdictions from around the world on the subject matter, applicants also potentially face subject matter exclusion objections…

top 10 reasons why a patent is important

Top 10 Reasons Why a Patent is Important

Patent protection can become a valuable commercial tool and important investment in technology for many businesses. All businesses may have a good technology or invention worth protecting which could be an essential and invaluable asset. Understanding what patent rights can…

a brief overview revocation

A Brief Overview – Revocation

As known to many trademark protection is territorial in nature. Trademark applications filed in Malaysia and once registered and entered into the Register confer on the proprietor the exclusive rights to use and exploit the mark in Malaysia. Even so,…

whats in a name

What’s in a Name?

What’s in a name? Everything it would seem. In today’s celebrity-filled landscape, it takes but a few moments for us to think of famous individuals and we each have our pick of musical artists, film/television stars, sports superstars and media…

exceptions to the first ownership rule

Exceptions to the First Ownership Rule

It is a commonly accepted principle that copyright ownership lies with the author of a work. In Malaysia, it is codified in Section 26 (1) of the Copyright Act 1987 (CA) which provides that copyright shall vest initially in the…