Patent Filing and Enforcement in Malaysia: A Complete Guide for Businesses
Patent protection in Malaysia is governed by the Patents Act 1983, administered by MyIPO (Intellectual Property Corporation of Malaysia). Businesses can protect their inventions through two distinct routes: a standard patent (20-year protection) or a Utility Innovation certificate (10 years, extendable). Foreign applicants must appoint a registered Malaysian patent agent self-filing is not available to […]
How to Register a Trademark in Malaysia: Self-Register or Hire an Agent?
Registering a trademark in Malaysia gives your brand legal protection under the Trademarks Act 2019, administered by MyIPO (Intellectual Property Corporation of Malaysia) (full name comes first before the abbreviation). The process takes 12 to 18 months for most applications. Malaysian-incorporated businesses can file directly with MyIPO; foreign applicants must appoint a registered local agent […]
LA VILLA Trademark Dispute: When Prior Use Defeats Registration
By Khin Yupar Can a trademark certificate erase a business that was there first? Does registration guarantee exclusivity, or does the marketplace still have the final word? Trademark registration is often perceived as the strongest shield in brand protection. To many businesses, securing a registration signals certainty, exclusivity and legal dominance. Yet the LA VILLA […]
From Thesis to Patent: Critical Points to Know
By Geetha Kandiah This case presents a compelling appellate decision concerning allegations of infringement of moral rights and the invalidation of a patent, brought by a Master’s student against multiple defendants. At first instance, the High Court dismissed the Plaintiff’s claims in their entirety. Background The factual matrix of Veronica Sainik @ Ronald v Meluha […]
Case Study: Using Non-Use to Win a Trademark Dispute
Industry: ElevatorMatter Type: Trademark Prosecution, Opposition and Cancellation ProceedingsJurisdiction: MalaysiaStatus: CompletedConfidentiality: Client disclosed Executive Summary This case study demonstrates how proactive litigation strategy and commercial insight can decisively shift the balance in complex trademark disputes. By identifying non-use vulnerabilities in the Opponent’s portfolio, the client was able to neutralise opposition proceedings and strengthen its position […]
Case Study: Managing Utility Innovation Disputes with Dual Strategy
Industry: Forestry Machinery and Land VehiclesMatter Type: Patent Litigation (Infringement and Invalidation Analysis)Jurisdiction: MalaysiaStatus: OngoingConfidentiality: Client disclosed with consent Executive Summary This case study illustrates how a dual-track litigation strategy can effectively manage allegations of Utility Innovation (UI) infringement. By assessing infringement exposure alongside the technical validity of the asserted right, the client was able […]
Case Study: Defending Against a Utility Innovation Certificate Claim
Industry: Consumer GoodsMatter Type: Patent Litigation (Infringement and Invalidation Analysis)Jurisdiction: MalaysiaStatus: OngoingConfidentiality: Client disclosed with consent Executive Summary This case study illustrates how a structured, dual-track litigation strategy enables informed decision-making when faced with allegations of Utility Innovation Certificate (UIC) infringement. By analysing infringement exposure and validity risks in parallel, the client was able to […]
Case Study: Defending a Local Brand Against a Global Opponent
Industry: Cosmetic and SkincareMatter Type: Trademark OppositionJurisdiction: MalaysiaStatus: CompletedConfidentiality: Client disclosed with consent Executive Summary This case study demonstrates how sustained, evidence-based advocacy can successfully defend a local brand against opposition from a well-known global trademark owner. Through strategic pleadings, robust evidentiary support, and effective oral advocacy, the client secured registration of its trademark after […]
Case Study: Winning a Decade-Long Trademark Dispute
Industry: Clothing and FashionMatter Type: Trademark OppositionJurisdiction: MalaysiaStatus: CompletedConfidentiality: Client disclosed with consent Executive Summary This case study highlights the importance of sustained legal strategy and evidentiary rigour in defending trademark applications against opposition by established brand owners. Through a structured and persuasive defence, the client successfully secured registration of its mark following a prolonged […]
How Does One Choose A Franchise To Embark On?
Feeling overwhelmed about choosing the right franchise? You’re not alone. With hundreds of brands, multiple industries, and outlet types to choose from — from trendy kiosks to full-scale stores, deciding where to begin can feel like standing at a massive crossroads. Should you jump into F&B, invest in education, or ride the wellness wave? And […]