KASS Case Studies
Case Study: Patent Law in Malaysia
Problem?
A Malaysian patent licensee sued our client, another Malaysian company, for patent infringement of an environmental quality control system.
Solution!
We counter-claimed for revocation of the patent, and for a declaration that the licence holder had no basis for the patent, and therefore no basis for their action against our client.
Result:
The court ruled in our client’s favour!
Lesson…
The case illustrated two important lessons. First, although the patent licensee believed that their rights were protected through the patent and the license, this case illustrated that their license did not carry the protection or value they originally perceived.
Secondly, our client had the presence of mind to seek professional advice in the matter and in doing so ultimately protected his right to continue doing business.
Case Study: Trademark Law in Malaysia
Problem?
Our client was a Thai jewellery maker with an established trademark and retail franchise identity. Some years ago, a Malaysian jewellery chain promoted a new range of jewellery, using the trademark and distribution methods of the Thai company.
Solution!
We were successful in stopping the Malaysian company from using the Thai trademark and franchise system belonging to our client.
Result:
Our client’s rights and their opportunity to take advantage of both their brand and their proven successful franchise system in the Malaysian market were preserved and protected.