Case Studies

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.

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.

The court ruled in our client’s favour!

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.

We were successful in stopping the Malaysian company from using the Thai trademark and franchise system belonging to our client.

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.

 

Case Study: Copyright Law in Malaysia

Problem?
A Malaysian-based software development company contacted us after one of their employees resigned. Within three weeks of his resignation he had started to market a software package substantially similar to one which he had been working on while employed by our client.
We advised our clients on the appropriate documentation and records in order to be able to prove copyright ownership in Court.
The Court granted an interim injunction against the ex-employee, and subsequently he paid our client’s costs and damages in an out-of-court settlement.
It proved important to our client to have initiated the internal processes in order that copyright ownership could be proven. Without this they would almost certainly have lost their claim.

Case Study: Industrial Design in Malaysia

Problem?
Two companies were designing and manufacturing similar office furniture and filing systems. Both companies had registered their designs. One of the companies initiated a design infringement action against the other, our client.
We were able to challenge the validity of the design registrations and ultimately the action was dropped.
Our client’s rights to continue its business, on the basis of its own design registrations and on the basis of the weakness of its competitor’s intellectual property rights, were preserved and protected.