[The Intern Interview] Kavinarasi Thavanendran
The KASS team recently welcomed Kavinarasi, an enthusiastic and resourceful intern from Malaysia!
Malaysia Cracks Down on Unregistered Medical Devices and Counterfeit Shoes
RM300,000 (USD65,000) worth of unregistered medical devices were seized by the Medical Device Authority of Malaysia recently. Among the unregistered medical devices were face masks, pregnancy test kits, first aid kits, blood lancets and gauze. The medical devices had not been registered under the Medical Devices Act 2012. The Ministry of Health is to take […]
IP in ASEAN: Where Cooperation Meets Innovation
By Linh Nguyen As one of the world’s most dynamic emerging regions, the ASEAN region has achieved notable success in capturing the attention of other nations worldwide in terms of investment opportunities and economic development. ASEAN has nurtured comprehensive cooperation in politics, economics, society, and culture through the establishment of policies, collaborative platforms, training, and […]
You Snooze, You Lose: Oatly AB v Pahang Pharmacy
Use It or Lose It: Oatly AB v Pahang Pharmacy Sdn Bhd: A Lesson on Trademark Non-Use By Kavinarasi Thavanendran Budding business owners know that registering their trademark is an essential move in order to protect their brand. But they shouldn’t get complacent, because nothing is permanent! In the case of Oatly AB v Pahang […]
From Monopoly to Mandatory: Exploring Compulsory Licensing of Patents in Vietnam
By Ngan Pham An invention is the creation of a product or a process that provides, in general, a new way of doing something or a new technical solution to an existing problem, that involves enormous intellectual and financial investment. Thus, to reward innovators and stimulate R&D activities and technological innovation, patent law grants […]
R&D Status in Malaysia: Updated Criteria and Tax Incentives
By Kavinarasi Thavanendran An amendment to Section 2 of the Promotion and Investment Act 1986 (“PIA 1986”) altered the definition of “Contract R&D Company” and “R&D Company” in Malaysia. According to PIA 1986: Contract R&D Company means, “a company which provides R&D services in Malaysia only to companies other than its related companies and approved […]
Stronger Than the Rest: The Importance of Distinctiveness in Trademarks
By Kavinarasi Thavanendran Trademarks fulfil two basic functions: (i) to identify the source of goods or services and (ii) to differentiate similar goods or services amongst competitors. In order for a trademark to effectively carry out this “threshold requirement”, it must be distinctive. Key Takeaways Trademark Function – Trademarks must identify the source and differentiate […]
A Caffeinated Clash: Starbucks vs. Starbung
By Rachapat Sumjinda Starbucks, the world-renowned coffee chain with branches across the globe, is known for its premium quality coffee and exceptional customer service. With over 36,000 outlets globally and continued revenue growth, Starbucks is clearly doing something right. However, its prices are often considered steep, particularly among average income earners in certain countries, resulting […]
Celebrating Female Ingenuity: Talented ASEAN Women Inventors
By Linh Nguyen Time flies, and World Intellectual Property Day – held annually on 26 April – is just around the corner. This year’s theme is “Women and IP: Accelerating Innovation and Creativity”.
Implied Consent or Innocent Infringement: The Legal Conundrum in Bayland Sdn Bhd & Anor v Paulus De Kruijff [2021] 12 MLJ 934
By Zainal Amshah Can infringement of a registered trademark occur if consent was given for the use of the trademark by the registered owner? According to Section 40(1)(dd) of the Trade Marks Act 1976 (“TMA”), no infringement occurs if a trademark is used by someone in relation to goods or services whereby the registered proprietor […]