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.
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 […]
Have You Re-registered Your Franchise In Malaysia?
Did you know that Malaysia’s Franchise (Amendment) Act 2020 came into force on 28 April 2022? The Amendment Act introduced several changes to the franchise laws which include more rigorous requirements and penalties governing franchise registration in Malaysia. Let’s take a look at the notable changes under the Amendment Act and what this means for […]
What You Need To Know About Myanmar’s New Trademark Law
By Khin Yupar Lin On 10 March 2023, the State Administration Council of the Republic of the Union of Myanmar issued Notification (82/2023) to declare that the new Trademark Law (2019) will come into effect on 1 April 2023.
IP in Franchising: Staying on Top in the Vietnam Franchise Race
By Ngan Pham Hundreds of domestic and foreign franchises have penetrated the Vietnam market, especially in the food & beverage, retail, and education industries, with famous brands such as KFC, Trung Nguyen Coffee, Highlands Coffee, Family Mart and Circle K establishing a strong presence. A favourable business model post-pandemic, franchising is flourishing these days.
Accession to Budapest Treaty: A Game-Changer for IP Protection in Indonesia
By Hapsari Dwi Astuti and Carola Monintja The Indonesian Government recently made a historical decision to join the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on 13 July 2022, after more than 40 years since the establishment of the Treaty.
Enter The Metaverse
By Shanthen Jegatheesan Ever watched the movie Ready Player One and wonder to yourself if someday that would become a reality? Well guys, that someday is much closer than you think. In fact, it’s already here! Today, there are many constantly evolving metaverse platforms that you, the player, can jump into.