Copyright law in Malaysia is governed by the Copyright Act 1987. Under the Act and pursuant to the Berne Convention, copyright exists automatically upon the creation of a work without the need for any formal registration. In the absence of…
PATENTThe option to request supplementary examination as an alternative to substantive examination was introduced into Singapore patents prosecution system on 14 January 2014. It is a cost effective way to obtain grant of a patent application by relying on the…
The Federal Court’s decision in SKB Shutters Manufacturing Sdn Bhd v Seng Kong Shutter Industries Sdn Bhd & Anor (“SKB Shutters”) has been widely reported and commented on. Briefly, the Federal Court decided that if an independent claim of a patent was…
In Malaysia, good food captures the heart of the nation and unites us as one. Malaysians will travel far and wide just to try out that newly-discovered food craze, cook up a storm for family and friends for various occasions…
Just one might not be enough for what’s needed. Often, not all aspects of an invention that the inventor wanted to protect could be covered by a single patent application. Some inventors even questioned why divisional applications are needed. You…
Most trade mark law regimes in the world prohibit the registration of a mark that comprise of word(s) that generally describe the goods and services. These types of marks are better known as generic terms and the general rule is…
It comes as no surprise to how ubiquitous and prevalent the internet is in our lives right now. The level of technology that has pushed the boundaries of globalization and how we communicate on a daily basis has certainly come…
Last year, the Malaysian IP Office (MyIPO) maintained the fast pace of substantive examination, which began in year 2014. This has resulted in an increase of more than 5% in the number of patents granted in year 2015. This effort…
Section 84(3) of the Singapore Patents Act stipulates that post-grant amendment of a patent is allowed only if the amendment does not result in the specification disclosing any additional matter or extending the protection conferred by the patent. These statutory…
In 2009, the Court of Appeal of Malaysia, decided on a landmark case between McCurry Restaurant (KL) Sdn Bhd v McDonald’s Corporation. The case was first brought by McDonald’s in the High Court for passing off against McCurry Restaurant (KL)…
In Malaysia, the first use of a trade mark is an important consideration when deciding who has priority of ownership or first claim to a trade mark. Unlike some countries like China which recognises first to file system, Malaysia acknowledges…
The Malaysian Patents Act and Regulations contain provisions for the amendment of patents post-grant. It is a fairly straightforward process, consisting essentially of re-examination by MyIPO. The patent owner files a request with MyIPO, together with the desired amendments. These…