Disclaimer
The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.
Biotechnology
Legal Insights Issue 1/2010, March 2010 - Life Sciences: Malaysia (Recent developments in life sciences)
A write-up on recent developments in life sciences sector.
The International Comparative Legal Guide to: Pharmaceutical Advertising 2008
This article appeared in the 2008 edition of The International Comparative Legal Guide to: Pharmaceutical Advertising; published by Global Legal Group Ltd, London.
Legal Insights Issue 1/2005, February 2005 – Biotechnology- Does the Law of the Jungle Apply?
A brief introduction to biotech and an overview of the current issues.
Copyright Advisory & Disputes
Legal Insights Issue 02/2012, June 2012 – "Voluntary Notification of Copyright"
The Copyright (Amendment) Act 2012 which came into operation on 1 March 2012 introduced a new and revolutionary framework for the voluntary notification of copyright into Malaysian Copyright law.
Legal Insights Issue 03/2011, September 2011- "New Weapons to Combat Copyright Pirates"
The writer provides an overview of the proposed amendments to be made to the Copyright Act 1987 under the Copyright (Amendment) Bill 2010). The Bill has been passed by the Dewan Rakyat in October 2011. It will become law after it has been passed by the Dewan Negara and received Royal Assent.
Legal Insights Issue 3/2009, September 2009 – Practical Guide series: How to Protect Your Copyright
As the Act has no mechanism for registration of copyright, how does a copyright owner prove that his work can be protected by copyright?
Legal Insights Issue 1/2004, March 2004 – It's A Raid !
What to do when your company is raided under an Anton Pillar or Search Order.
Designs Advisory & Disputes
Legal Insights Issue 1/2006, March 2006 – A throw of Dice : Determining The Life Of A design
An update on the maximum protection available to designs registered in Malaysia.
Entertainment
Highlights the actions taken by copyright owners to curb illegal distribution of music on the Internet.
Legal Insights Issue 2/2009, June 2009 – Fighting The Freeloaders
Highlights the actions taken by copyright owners to curb illegal distribution of music on the Internet.
Legal Insights Issue 3/2004, September 2004 – And The Winner Is…
Examines the laws and guidelines governing promotions, contests and competitions.
Franchising & Licensing
Legal Insights Issue 2/2009, June 2009 – Open Source Licensing
Highlights the pitfalls to avoid when adopting open source software.
Legal Insights Issue 4/2007, July 2007 – Franchising Law in Malaysia
Provides a comprehensive analysis of the Franchise Act, 1998.
Information Technology (IT)
Legal Insights Issue 02/2012, June 2012 – "The Responsibility of ISPS for online Piracy"
An overview of recent court decisions on the roles and obligations of Internet service providers ("ISPs") in relation to online piracy.
Legal Insights Issue 02/2011, June 2011- Up In the Clouds
The writer sheds some light on Cloud Computing.
Legal Insights Issue 03/2011, September 2011- "The Social Network Part 2"
The writer explains the legal issues that a company which seeks to leverage on social media must consider.
Getting the Deal Through – E-Commerce 2010
This chapter first appeared in "Getting the Deal Through - E-Commerce 2010", published by Law Business Research Ltd.
Legal Insights Issue 1/2009, March 2009 – Freedom of Speech on the Net – An Illusion or Reality?
Section 233(1) of the Communications and Multimedia Act 1998 and Section 34 of the Penal Code.
Legal Insights Issue 3/2007, October 2007 – The Electronic Commerce Act 2006
The prerequisite for an electronic commerce transaction to be enforceable.
Legal Insights Issue 2/2007, July 2007 – The Spam Phenomenon
Examines a range of responses to a phenomenon that bedevils users of computers and mobile phones.
IP Advisory
Legal Insights Issue 04/2012, December 2012 – “The Flip Side of the Coin”
An explanation on the principles of reverse passing off.
Legal Insights Issue 03/2012, September 2012 – "Intellectual Property and Competition Law"
This article discusses the relationship between Intellectual Property and Competition Law
Legal Insights Issue 02/2011, June 2011- Attaining High Income through Innovation
The writer explains the role of Intellectual property in the Economic Transformation Programme.
Legal Insights Issue 4/2010, December 2010 – Know your Rights
A primer on the enforcement of intellectual property rights.
Legal Insights Issue 3/2010, September 2010 – How good is it?
A critique on the Personal Data Protection Act 2010.
Legal Insights Issue 2/2010, June 2010 – Is your Image worth anything?
Various protective mechanisms to protect the image of the rich and famous.
Legal Insights Issue 2/2010, June 2010 – New Laws to protect Personal Data
A primer on the Personal Data Protection Act 2010.
Legal Insights Issue 1/2010, March 2010 – Malaysian Intellectual Property – Dawn of a new Age
Recent developments in Malaysian intellectual property laws.
Legal Insights Issue 1/2009, March 2009 – Weathering the Global Credit Crunch
Guidance to intellectual property owners on how to manage their intellectual property assets during the economic downturn.
Legal Insights Issue 4/2008, December 2008 – Conducting an Intellectual Property Audit
Some tips on how to protect your Intellectual Property.
Legal Insights Issue 3/2008, October 2008 – Kobe Beef, Cuban Cigars and Sabah Tea
Explains the meaning of "Geographical Indications" and their commercial value.
Legal Insights Issue 1/2008,March 2008 – The National Intellectual Property Policy
An insight to the National Intellectual Property Policy.
Legal Insights Issue 2/2007, July 2007 – Funding Your IP – some light at the end of the tunnel - Part 2
Highlights incentives available for intellectual property entrepreneurs in the film, multimedia and digital content industry.
Legal Insights Issue 1/2007, April 2007 – Funding Your IP – some light at the end of the tunnel – Part 1
Provides some pointers on the funding available for intellectual property development by local entrepreneurs.
Legal Insights Issue 3/2006, September 2006 – Stealing the Show
Discusses how ambush marketing is stealing the show from official sponsors.
Legal Insights Issue 1/2006, March 2006 – The Million $$ Question: Does IP provide good value to Businesses
Explains how intellectual property can bring value to your businesses.
IP Dispute Resolution
Legal Insights Issue 02/2011, June 2011- Denial of the Right to Oppose
The writer explains the legal implications in "Ginvera Marketing Enterprise Sdn Bhd v Tohtonku Sdn Bhd" [2010] LNS 619.
Legal Insights Issue 03/2011, September 2011 - "LOTUS v LOTUS"
A commentary on Group Lotus plc & another v 1Malaysia Racing Team Sdn Bhd and others [2011] EWHC 1366 (Ch).
Legal Insights Issue 3/2009, September 2009 – Looking Past The Corporate Veil in IP Infringement
Discusses the liability of directors and officers for corporate infringement of intellectual property rights.
Legal Insights Issue 2/2009, June 2009 – "MC" + CURRY = MCDONALD's ?
Explains why the Court of Appeal says "No" in the McCurry case.
Legal Insights Issue 1/2009, March 2009 – Disputes over Malaysian Registered Domain Names
Explains the dispute resolution process for Malaysian registered domain names.
Legal Insights Issue 4/2008, December 2008 – Intellectual Property Theft
Discusses the width of intellectual property theft.
Patents Advisory & Disputes
Legal Insights Issue 4/2009, December 2009 – Budding Inventors Be-(A) WARE!!!
Explains four things an employee inventor should know about Malaysian patent laws.
Legal Insights Issue 3/2004, September 2004 – To Patent or not to Patent
Examines instances when one should patent an idea that is a product or process that works.
Trademarks Advisory & Disputes
Legal Insights Issue 04/2012, December 2012 – “Clash of the Titans”
A short commentary on Raytheon Company and Lockheed Martin Corporation’s lengthy litigation on the rights to use the term “PAVEWAY” as a trade mark for laser guided bomb kits in Malaysia.
In light of these rulings, the Malaysian courts have reaffirmed the doctrine of first use and territoriality in Malaysian trade mark law.
Legal Insights Issue 04/2011, December 2011- "Expedited Examination"
A summary of the procedure for expedited examination for trade mark and patent applications.
Legal Insights Issue 04/2011, December 2011- "Christian Louboutin's Red Outsoles"
Recent developments in colour trade marks.
Legal Insights Issue 4/2010, December 2010 – Expungement of A Registered Trade Mark
Explains how to expunge a trade mark for non-use.
Legal Insights Issue 3/2009, September 2009 – A Motor Bike's Roar, A Perfume's Scent and A Bottle's Shape…. Please Welcome the Trade Marks of the New Age
Explores the new global trend in trade marks.
Legal Insights Issue 2/2007, July 2007 – Breaking the frontier
Explains how well-known trade marks can be protected in Malaysia.
