Melissa is a senior associate with a practice focusing on IP litigation and enforcement. She was part of the core teams acting in some of the more notable IP cases of the past few years, including the first-ever patent appeal taken up to the Federal Court (our apex court) as well as in one of the more publicized franchise disputes in Malaysia to date.
She has led as counsel in several High Court matters and recently represented a local sandal & slipper producer to obtain a trade description order from the High Court, on the back of which the authorities carried out a raid action which led to the seizure of over 70,000 units of infringing items.
With natural exposure to new and developing products through intellectual property practice, she also advises on regulatory & compliance for pharmaceuticals, medical devices & food and, increasingly, in the areas of product liability & investigations.
Legal 500 (2019) reported that "patient, well-prepared" senior associate Melissa Long is "a business-savvy strategist". She has also been noted as a rising star by WTR 1000 (2020).
Key Practice Areas
- IP Litigation and Enforcement
- Healthcare, Biotechnology and Pharmaceuticals
- Advertising and Product Liability
- Civil Litigation
- Acted as junior counsel for a foreign franchisor of a popular bubble tea franchise in applications for interim measures to prevent replication of its franchised business pending foreign arbitration, following termination of its local master franchisee.
- Acted as junior counsel for local motorcycle assemblers and distributors in its defence to a copyright infringement suit over a motorcycle design brought by a foreign motorcycle producer, and in response to the subsequent appeal.
- Acted as junior counsel for the appellant in first reported patent case permitted leave to appeal to the Federal Court, in a case involving a roller shutter patent.
- Successfully obtained transfers of various disputed domain names in proceedings brought under the Uniform Domain Name Dispute Resolution Policy as well as the local MYNIC Domain Name Dispute Resolution Policy, including for a non-governmental organization and, separately, a regional ride-hailing company.
- Acted as junior counsel for a general merchant in an ownership dispute over rubber glove trademarks; successfully obtaining orders from the High Court to expunge the third party’s registrations.
- Advised various clients on regulations and requisite approvals for the sale, import and/or distribution of pharmaceutical products and medical devices in Malaysia.
- Advised on the import and export of biological samples and human tissue products.
- Advised on data exclusivities for pharmaceutical products.
- Advised on advertising codes and restrictions relating to medicines, medical services and medical devices.
- Advised on various aspects of regulations governing food, nutrient supplements, health supplements, permitted indications and ingredients.
- Advised in relation to non-compliance, failure to meet standards or safety issues of general consumer products and other regulated products, including on reporting obligations and corrective action or recall requirements.
- Represented a healthcare provider in its defence to a medical negligence suit.
- Assisted in the defence of a foreign franchisor of workforce development programs in response to a claim for damages and lost profits brought by a former franchisee.
- Acted as junior counsel for an advertising company in a successful appeal reversing a High Court decision of malicious prosecution relating to the winding-up of a debtor; an application by the opposing party for leave to appeal to the Federal Court was also dismissed.
- Acted as junior counsel for defendants to a civil suit seeking to nullify a compulsory land acquisition; the suit was successfully struck out in the High Court and the appeal to the Court of Appeal and application for leave to appeal to the Federal Court, dismissed.
- Advocate and Solicitor, High Court of Malaya (2013)
- Barrister-at-Law (Inner Temple) (2010)
- LL.B (Hons), King’s College (2009)