Copyright in The Age of Artificial Intelligence: Balancing Innovation and Protection
By Eloise Wilkes-Barnwell The rapid evolution of generative AI technologies has transformed the landscape of creativity, enabling machines to produce text, images, music, and more with unprecedented complexity. Nevertheless, this evolution presents substantial challenges for existing copyright laws which were not designed to anticipate such innovations. As legal systems globally grapple with these complexities, the […]
AirAsia’s Use of Street Art Raises Questions About Artist’s Rights
By Suchitrra Salva & Geetha Kandiah Late last year, Lithuanian artist Ernest Zacharevic expressed concern over AirAsia’s use of his iconic mural, Children on a Bicycle, on one of its aircraft. The artwork, painted in 2012 in Penang, Malaysia, was prominently displayed on the airline’s aircraft without Zacharevic’s prior consent. The artist took to social […]
Malaysia Airlines, Firefly and AirAsia: Unravelling The Complexities of Trademark Infringement
By Subithara Ramasamy This article of riveting case in Malaysia has thrust an issue into the spotlight, offering a dramatic exploration of trademark law’s boundaries and the protection of well-known marks. At the centre of this high-stakes legal drama is Malaysia Airlines Sdn Bhd, a titan of the aviation industry and FlyFirefly Sdn Bhd (collectively […]
Protecting Culinary Innovations with IP Rights
By Rachapat Sumjinda Food entrepreneurs contribute to the diversity of food products in the market. By exploring the critical role of Intellectual Property (IP) rights in safeguarding and promoting innovation within the food industry, from the inception of culinary ideas to their presentation at the dinner table, various forms of IP protections are available to […]
Battle of the Brands: BEABA v Biba (Zhejiang) Nursing Products
By Sajjaratul Yaqeen As a business owner, you may encounter copycats who create a trademark that bears a striking resemblance to your own registered trademark. When faced with such situations, what do you do? What action can you take?
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 […]
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 […]
Are Movie Review Videos Considered Copyright Infringement?
By Linh Nguyen A video or a clip can go viral, and even become a new trend in the “fertile soil” of social media platforms like Facebook, YouTube, Instagram and TikTok, which continue to draw millions of visitors per day.
Protecting Trade Dress in Thailand: FIRE TIGER vs. THE FIRE BEAR
By Tipsuda Suttasing Trade dress is the overall appearance and feel of a product or service that identifies the source of the product or service and distinguishes it from that of others. It includes, but is not limited to, color, shape, size, configuration, and product packaging. Trade dress also refers to the overall presentation of […]