If your business relies on patents, a significant shift in Malaysia’s legal framework is now in effect as of 31 December 2025. The Patents (Amendment) Regulations 2025 introduce a new administrative system for challenging patents, altering the strategic landscape for both patent owners and their competitors. For business leaders, understanding this change is crucial for protecting…
For businesses in Malaysia, Hari Raya Aidilfitri is more than a celebration; it is a major commercial event. From special product packaging and festive songs to limited-edition apparel and marketing campaigns, Hari Raya Aidilfitri represents a significant investment in creativity and branding. However, amidst the rush to capture the festive market, a critical question often…
Why is IP training important for my non-legal staff? Innovation happens on the ground. If your engineers or marketers don’t know what a trade secret is or how to spot a patentable invention, you might accidentally disclose valuable information or miss a filing deadline. Training ensures everyone plays a part in protecting the company’s assets. …
If I register a Trademark, do I automatically own the domain name? No. Trademarks and domain names are separate systems. A trademark is granted by the Intellectual Property Office (MyIPO), while domains are sold on a “first-come, first-served” basis by registrars. You must register both to be fully protected. What is “Cybersquatting”? Cybersquatting occurs when…
What if the audit reveals that we are inadvertently infringing on someone else’s IP? This is a critical “Freedom to Operate” risk. If an audit uncovers potential infringement, we can help you proactively manage it, by seeking a license, designing around the issue or challenging the validity of the other party’s right, before it turns…
Why do I need an experienced lawyer for licensing agreements? Licensing involves defining scope, territory, duration, royalties, quality control and termination rights. Poorly drafted licensing agreements that inadvertently cross into “franchising” territory can be rendered null and void. What’s the risk of using a template contract? Templates rarely reflect Malaysian law or your commercial realities….
What if an employee leaves with my information? Contracts are your first line of defence. We can enforce Non-Disclosure Agreements (NDAs) and restrictive covenants to stop them from disclosing your secrets or using them in their new job. Can I sue if someone steals my trade secrets? Yes. You can take legal action for breach…
What if I never registered my brand as trademark? Can I take action against competitors using my brand? Yes. You still have rights under common law if you can prove you have acquired “goodwill and reputation”. However, proving this is more complex and evidence-heavy than enforcing a registered trademark. How do I prove passing off? …
Should I register my design? Without registration, competitors can copy your product’s look with little recourse. Registration gives you a monopoly on the visual appearance, increasing your product’s marketability and value. Can I register a design already on the market? Timing is critical. To be registrable, a design must be new at the time of…
How do I stop piracy online? Speed is critical. We assist with takedown notices to remove infringing listings from e-commerce sites and social media. For serious cases, we can apply for court injunctions or work with the Ministry of Domestic Trade (MDT) to conduct raids. Who owns commissioned works? Generally, if an employee creates work…
