The comic art industry brings together a wide range of creators, including comic and manga artists, illustrators, cover artists, concept artists, webtoon creators, animators, designers and studios. Many creators sell original characters and merchandise, take commissions, publish serialized works and license their creations into animation, trading cards, translations and other commercial formats. Behind all of…
THE ROLE OF CONTRACTS IN FILMMAKING
From Script to Screen A Practical Guide for Malaysian Film Industry Stakeholders Introduction The Malaysian film industry has grown considerably over the past decade, with productions spanning local theatrical releases, streaming platforms and international co-productions. Yet amid the excitement of creative endeavours, one critical element is often underestimated: the contract. This article walks through the…
NAVIGATING THE ROADBLOCK: A GUIDE TO TRADEMARK PROVISIONAL REFUSAL BY MYIPO
Filing a trademark is a critical step in securing your brand’s identity. In Malaysia, the journey from application to registration is managed by the Intellectual Property Corporation of Malaysia (MyIPO). While most applicants hope for a smooth path, a common hurdle is the issuance of a Provisional Refusal. By understanding the process and responding decisively…
Malaysia’s New Patent Landscape: What Business Owners Need to Know Now
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…
The Business of Raya: Protecting Your Intellectual Property During the Festive Season
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…
IP Awareness Training FAQ
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. …
Domain Names & Digital Assets FAQ
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…
IP Audit & Due Diligence FAQ
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…
Licensing Agreements & Know-How FAQ
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….
Trade Secret Services FAQ
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…
Business Reputation & Passing Off
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? …
Industrial Design Services FAQ
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…
Copyright FAQ
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…
Patent Services FAQ
How do I know if my invention is patentable? To be patentable, an invention must be New (not disclosed anywhere in the world), involve an Inventive Step (not just a simple modification) and be Industrially Applicable. We conduct prior art searches to confirm this before you spend money on filing. What if I disclose my…
Trademark Services FAQ
Why register if I’ve already been using my brand? While “first users” have some rights, relying on them is costly and difficult. Registration gives you clear statutory exclusivity and makes enforcement significantly easier and cheaper. What if my application is opposed? Oppositions are common in competitive markets. We act on your behalf to prepare evidence,…
Types of Offences and Fines Imposed by Data Regulators in Malaysia
In March 2025, the Malaysian Personal Data Protection Commissioner (PDPC) issued a public list of data users and collectors penalised for non-compliance with the Personal Data Protection Act 2010 (PDPA) and the Personal Data Protection (Registration of Data Users) Regulations 2013. This highlights a growing trend: businesses in Malaysia face increasing scrutiny and hefty fines…
Legal Update: Proposed Regulation of Unsolicited Commercial Electronic Messages (UCEM)
On 13 August 2025, the Malaysian Communications and Multimedia Commission (“MCMC”) issued a Public Consultation Paper proposing a subsidiary legislation under the Communications and Multimedia Act 1998 (“CMA”). This follows the introduction of Section 233A via the Communications and Multimedia (Amendment) Act 2025. While Section 233A has been enacted, it is not yet in force….
Cybersecurity
Cyber Fraud, Scams & Phishing: Malaysia’s Response and the Legal Framework In today’s digital age, convenience comes with growing risks, particularly cyber fraud, scams, and phishing. These threats are no longer rare or isolated but are now common, sophisticated, and target individuals across all age groups. In Malaysia, such cybercrimes are escalating, making legal and…