Joshua Teng Senior Associate

Contact
T +603 2081 3999 ext 870
E joshua.teng@skrine.com
 

Overview

Joshua is a senior associate in the firm’s Intellectual Property and Dispute Resolution practice with a broad practice in intellectual property litigation, civil and commercial litigation, and matters pertaining to public and constitutional law. He has acted, with Khoo Guan Huat, as counsel for the Government of the State of Kelantan in proceedings brought against the State Government by the Federal Government. He has also assisted in advising regulators, financial institutions, and listed corporations on various regulatory and compliance matters.

 

Prior to commencing legal practice, Joshua was a law reporter with the Incorporated Council of Law Reporting for England and Wales covering cases in the Chancery Division of the High Court of England and Wales. Joshua was also a judicial clerk to the former Federal Court Judge, Tan Sri Datuk Zainun Ali and served briefly in the Research Unit under the former Chief Justice, Tan Sri Datuk Seri Panglima Richard Malanjum.

 

Key Practice Areas

  • Intellectual Property
  • ​Civil, Commercial, and TMT Litigation
  • Administrative Law
 

  • Acting for a security system manufacturer and a university who are patentees of a vehicle inspection system patent in claims for patent infringement against two vehicle inspection system suppliers and the Government of Malaysia and in resisting an action for invalidation of the patents, including on grounds of substantive patentability and purported breach of a duty of candour. 

  • Represented a local motorcycle assembler and distributor in proceedings before the Court of Appeal and the Federal Court in regard to a suit for copyright infringement brought by a foreign motorcycle producer. 

  • Advice and representation on matters regarding patent law, in particular patent infringement and invalidation, issues on substantive patentability, and other issues regarding patent prosecution procedure. 

  • Acting for a FTSE 100 corporation patentee in a dispute involving the infringement of its patents relating to warehouse automation solutions. 

  • Acted for and advised a multinational pharmaceutical corporation patentee in disputes involving patents for, among others, cancer treatment drugs and methods. 

  • Acting for a multinational pharmaceutical corporation on matters relating to post-grant amendment of patents and in particular its interplay with patent infringement and invalidation litigation. 

  • Advised and assisted a multinational medical diagnostics corporation on matters relating to the expedited examination procedures in the national Intellectual Property Office. 

  • Advised a multinational biotechnology corporation on matters relating to substantive patentability including priority claims, prior art and novelty, self-disclosure, and potential double patenting issues. 

  • Advised a financial institution on potential patent, utility innovation, and industrial designs infringement arising out of the use of certain customer banking services devices

  • Represented, as junior counsel pursuant to a fiat under s 24(3) of the Government Proceedings Act 1956, the Government of the State of Kelantan in proceedings brought against it by the Government of Malaysia in a federal-state dispute on a matter purportedly relating to native customary interests in land of the Orang Asli and, in proceedings before the Court of Appeal, successfully struck out the Government of Malaysia’s claim. 

  • Represented a foreign government agency in the Malaysian proceedings in a worldwide fraud litigation, the value of which amounts to up to RM 1 billion in the Malaysian jurisdiction alone. The proceedings include, among others, appeals before the Court of Appeal relating to injunctive and search orders to preserve assets and documents pending the trial of the substantive court proceedings. The Customs and Tax Administration of The Kingdom of Denmark v Saling Capital Ltd [2022] 1 MLJ 316 

  • Represented, as sole counsel before the High Court in Labuan, a foreign shipping company and successfully obtained an order for the restoration of a dissolved Labuan Company for the purposes of continuing foreign arbitration proceedings against the Labuan Company. 

  • Representing the Malaysian subsidiary of a multinational pharmaceutical corporation in a suit brought by more than forty (40) individual plaintiffs against the Government of Malaysia, the Malaysian Ministry of Health, and the aforesaid subsidiary pertaining to, among others, product liability claims involving COVID-19 vaccinations. 

  • Assisted in appeal proceedings representing the successful respondent, liquidators of an erstwhile financial institution, in upholding a claim for trading losses totalling RM28 million: Purwadi v Mbf Northern Securities Sdn Bhd [2019] MLJU 96. 

  • Represented a multinational medical devices manufacturer in proceedings regarding product liability claims that were instituted against it and successfully struck out these proceedings for limitation. 

  • Advised a highway concessionaire in its dispute with the state land office regarding alienation premiums for toll plazas and R&R areas. 

  • Represented the operator of a telecommunications tower in proceedings for, among others, an injunction to restrain arbitration proceedings sought to be brought against it after a significant effluxion of time and a declaration that the arbitration agreement was null and void, inoperative or incapable of being performed. 

  • Assisted a major highway concessionaire in its dispute with the developer of an RFID device for use along the highways. 

  • Represented an administrator for an estate in an action to recover land fraudulently obtained from the estate and transferred to a third party and successfully obtained the return of the said land to the estate. The case involves, among others, issues of indefeasibility of title under s 340 of the National Land Code. 

  • Represented a Malaysian airport operator in connection with claims for breach of contract in the Sessions Court. 

  • Represented, as sole counsel, the successful consumers in obtaining summary judgment against suppliers of educational services in the Magistrates’ Court for claims under the Consumer Protection Act 1999.  

  • Acted for a major developer in appeal proceedings before the Federal Court in respect of a challenge to the grant of planning permission by the Datuk Bandar Kuala Lumpur under the Federal Territory Planning Act 1982: Datuk Bandar Kuala Lumpur v Perbadanan Pengurusan Trellises [2023] 3 MLJ 829. 

  • Represented the publisher of books banned under s 7 of the Printing Presses and Publications Act 1984 on appeal to the Court of Appeal, obtaining a certiorari quashing the Ministerial Orders banning the books: Islamic Renaissance Front Bhd v The Minister of Home Affairs [2020] 5 MLJ 399.

Qualifications:

  • Advocate and Solicitor, High Court of Malaya (2020)
  • LLM (International Commercial Law), University College London (2017)
  • Barrister-at-Law (Middle Temple) (2015)
  • BA (Law), Trinity Hall, University of Cambridge (2014)

 

Professional Affiliations:

  • ELITE@UM Fellow, Faculty of Law, University Malaya, 2023 – 2024.
  • Editorial Board Member, UCL Journal of Law and Jurisprudence, 2016 – 2017.

Publications:

  • Joshua Teng, Trusts in Virtual Currency’ in Sue Farran, Russell Hewitson, and Adam Ramshaw (eds), Modern Studies in Property Law, Volume 11 (Hart 2021).
  • Teng, J., Kalaiarasu, K. Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England, Singapore, and Malaysia. Liverpool Law Rev (2022).  https://link.springer.com/article/10.1007/s10991-022-09309-3
  • Joshua Teng, ‘Elucidating Equity in Pallant v Morgan’ in Natalie Mrockova, Aruna Nair, and Luke Rostill (eds), Modern Studies in Property Law, Volume 12 (Hart 2023) (forthcoming).
  • ‘Living Under (Allegedly) the Same Sky’, 18 July 2022, Lexology.

Presentations:

  • Speaker (with Kailash Kalaiarasu), ‘Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in Malaysia, Singapore, & England’ in the Contract Law in Common Law Countries Conference 2021 (organised by the London Centre for Commercial and Financial Law & Jindal Global Law School), December 2021.
  • Speaker, ‘Elucidating Equity in Pallant v Morgan’ in the 14th Biennial Modern Studies in Property Law Conference 2022, St John’s College Oxford, March 2022.
  • Speaker, ‘Enforcing Native Customary Rights: Between Public & Private Law’ in the Obligations X Conference, University of Western Ontario Faculty of Law, July 2023 (forthcoming).