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…
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…
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,…
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…
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….
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…
