Khoo Guan Huat Partner

Contact
T +603 2081 3999 ext 737
E kgh@skrine.com
 

Overview


Guan Huat is a litigator with over 30 years of experience. He is frequently called upon to act as senior counsel both in the litigation and arbitration space in a myriad of cases which includes commercial and civil disputes.

His particular area of focus is in intellectual property and TMT disputes and he heads the practice in the firm.
 
Guan Huat regularly sits as arbitrator in both international and domestic arbitrations conducted under various rules of arbitration including the Asian International Arbitration Centre (“AIAC”), the Singapore International Arbitration Centre (“SIAC”), the International Chamber of Commerce (“ICC”), and UNCITRAL. He is on the panel of arbitrators for the AIAC and also registered as Foreign Lawyer with the Singapore International Commercial Court.

 

Key Practice Areas

  • IP Litigation and Enforcement
  • TMT Disputes
  • International Arbitration
 

  • Represented a major multinational pharmaceutical company and obtained a declaratory judgment to invalidate a pharmaceutical patent against another multinational pharmaceutical company.
  • Represented a motorcycle production company and obtained an order dismissing a copyright infringement suit against the company.
  • ​Represented a major cargo scanning device manufacturer against defendants in an action for patent infringement and obtained an infringement judgment and injunction against the defendants.
  • Represented a multinational food and beverage company in defending an action for infringement of a registered Industrial Design, and obtained an appellate court decision reversing a finding of infringement, together with a decision invalidating the registered Industrial Design.
  • Represented a global international applications software provider against a defendant for copyright infringement, and obtained substantial damages after trial.
  • Represented a global pharmaceutical innovator company against a genetics producer of a pharmaceutical product in claim involving infringement of a process patent.
  • Represented a global medical devices manufacturer against a Japanese company in a patent infringement claim.
  • Represented a China based home appliance manufacturer accused of patent infringement, and obtained an Appellate Court decision reversing a lower Court’s finding of infringement.
  • Represented a trademark owner whose registration was challenged in the Federal Court and obtained an order dismissing the challenge in a matter involving issues regarding whether a non-invented word having no direct reference to the character and quality of the goods was registerable as a trademark. Also obtained substantial damages for the trademark owner upon a finding of infringement.
  • Represented a major multinational defence equipment manufacturer and obtained an order dismissing a challenge against its trademark registration mounted by a competitor.
  • Represented a number of UK registered Design holders in a class action and obtained a declaration in respect of the extension of the validity of their registered designs for a 25-year period.

  • Represented an international telecommunications company with Standard Essential Patents dealing with FRAND issues.
  • Represented a major telecommunications company and obtained judgment for substantial damages against a corporate entity for copyright infringement and against its directors for being liable for joint infringement.
  • Appointed to act Arbitrator by the ICC, the AIAC and by disputants on ad-hoc appointments and appeared as counsel in a number of technology and telecommunications contract disputes. The disputes include those with respect to:
    • Mobile Virtual Network Operator and managed services for MVNO agreements
    • Software applications development agreements
    • Patent infringement and challenge to patent validity in respect of claims to invention of carriages of semiconductor packages
    • Agreement to Supply, Deliver and Install a PABX system for a Call Centre
    • Licence/Royalty Agreements

  • Acted in a number of cases in Court involving arbitration matters where the validity and/or existence of arbitration agreements and tribunal’s jurisdiction were challenged. These cases were brought all the way to the Federal Court of Malaysia, whether by way of motions for leave to appeal, or by way of substantive appeals. The issues in these cases, involved, among others:
    • Application of doctrine of estoppel in determining the validity of appointment of Arbitrator 
    • Jurisdiction of arbitrator to hear claims of indemnity/contribution by one Respondent against another Respondent in an arbitration
    • Interpretation of a number of related agreements to determine if an arbitration clause in one agreement supersedes another agreement stipulating the exclusive jurisdiction of the Court
  • Represented a major Indian petrochemical company and defended a challenge against an arbitral tribunal award mounted by the Government of India. Additionally, have also represented parties in a number of legal proceedings involving parties challenging arbitral awards.
  • Appointed to act Arbitrator by the ICC International Court of Arbitration, the Kuala Lumpur Regional Centre of Arbitration and by disputants on ad-hoc appointments and appeared as counsel in a number of technology and telecommunications contract disputes. The disputes include those with respect to:
    • Mobile Virtual Network Operator and managed services for MVNO agreements
    • Software applications development agreements
    • Patent infringement and challenge to patent validity in respect of claims to invention of carriages of semiconductor packages
    • Agreement to Supply, Deliver and Install a PABX system for a Call Centre
    • Licence/Royalty Agreements
  • Appointed as Arbitrator and acted as counsel in respect of various disputes, including those in respect of:
    • Agreements for the construction and completion of highways, airports, ports, hospitals, schools, factories, hotels and golf courses, palm oil mills and ammunition dump
    • Agreements for the sale and delivery of goods
    • Claims made pursuant to insurance policies

Professional Affiliations:
  • Member, Board of Studies, Faculty of Law, University of Malaya, 2015-2017
  • Member, Market Participants Committee, Bursa Malaysia
  • Panel of arbitrator, Asian International Arbitration Centre (formerly known as Kuala Lumpur Regional Centre of Arbitration)
  • Panellist, Domain Name Dispute Resolution, Asian Domain Name Dispute Resolution Centre and Asian International Arbitration Centre (formerly known as Kuala Lumpur Regional Centre for Arbitration)
  • Adjunct Lecturer, Certificate in Legal Practice course, Faculty of Law, University of Malaya, 1990 - 2004
  • Adjunct Lecturer, the Law of International Trade in the LLM program, University of Malaya, 1990

  • Listed in Asia Business Law Journal 2019 as one of 'Malaysia Top 100 Lawyers - The A List'
  • Ranked in Band 1 by Chambers Asia-Pacific 2018 and 2019 for Intellectual Property.
  • Khoo Guan Huat is recommended by peers and clients alike for his expertise in IP litigation, often acting on complex matters involving trademarks and copyright as well as domain name disputes. He advises a broad clientele, from food and drinks corporates to biotechnology and major events companies.” – Chambers Asia-Pacific 2019
  • An excellent counterparty - fair and very sensible in finding solutions. He is an active litigator with experience handling a range of patent, trade mark and copyright disputes.” - Chambers Asia-Pacific 2017