Unlawful Termination of Franchise Agreement: A Case Study & Legal Insights
By Shevithra Selva Mohan Introduction Unjustly ending a franchise agreement is a complex issue, often stirring up a whirlwind of accusations. This can include claims that the franchisor violated the terms of the agreement, infringed on the rights of the franchisee, and even suspicions of the franchisor acting in bad faith or with shady intentions. […]
[AsiaWide Franchise] The Importance of Distinctiveness in Trademarks
[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 […]
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 […]
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 […]
Taking The Lid Off Biolife, Spuntino and Ciotolla
By Jamieson McKinnon Dart Industries Inc & Anor v CMN International Sdn Bhd & Ors – Civil Suit No.: WA-22IP-16-04/2017 consolidated with WA-22IP-17-04/2017 Background & Facts: The High Court of Malaysia case Dart Industries Inc & Anor v CMN International Sdn Bhd is four combined suits between two Plaintiffs; Dart Industries Inc. and Tupperware Brands […]
[The Intern Interview] Danush Sinnan
The KASS team recently welcomed Danush Sinnan, an outgoing intern from New York!