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…
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,…
