IP Reforms On The Horizon

Amongst the four main intellectual property (IP) Acts in Malaysia, trade mark and copyright laws have not seen much action in terms of reforms for the past decade. As IP laws must evolve in tandem with today’s challenging times, global business and legal practices, some changes can be expected in the near future. By Lim Eng Leong.

Protecting Pharmaceutical Patents In Malaysia

The Malaysian Patents Act 1983 provides for the protection of chemical compounds by way of product claims and has done so since the Act came into force. A chemical compound is generally treated in the same way as any other kind of product when determining its patentability. As permitted by Article 27.3(a) of TRIPs, however, Malaysian patent law excludes from patentability methods of therapy, surgery and diagnosis that are performed on humans or animals. By Dave A Wyatt.

Patent Restoration : Standard Of Reasonable Care

In a hearing before the Singapore Registrar of Patents in 2009, Advanced Systems Automation Ltd. filed applications for restorations of their 12 patents. Reference was made to Section 39(5) of the Singapore Patents Act where the patentee is required to show reasonable care to see that any renewal fee was paid within the prescribed period or that that fee and any prescribed additional fees were paid within the six months immediately following the end of that period. By Ameen Kalani.

Trade Marks Remain Territorial

The IP Court of Malaysia recently decided that trade marks remain very much a territorial matter. In the case of Lockheed Martin Corporation v Raytheon Company 2009 MLJU 0996, Lockheed Martin (“the Applicant”) applied to expunge Raytheon’s (“the Respondent”) Registered Trade Mark Number 05012716 for PAVEWAY registered in respect of laser guided bombs kits in Class 13 (“LGB”) By Azlina A Khalid.