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Intellectual Property Law in Malaysia, 2nd Edition (E Book)

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  • Analyses the legislative and judicial developments in Malaysian intellectual property law since the first edition of the book.
  • Incorporates key developments in the international protection of intellectual property.
  • Details the progress of the ASEAN Intellectual Property Cooperation.
  • Explains the trademark registration process under the Madrid Protocol.
  • Includes new chapters on registered trademark law under the Trademarks Act 2019.
  • Discusses the scope of the Copyright (Amendment) Act 2020 and judicial decisions that clarify important copyright principles.
  • Highlights the impact of significant patent law decisions handed down by the Federal Court and the Court of Appeal.
  • Contains ProView Extra materials available exclusively in ProView eBook only.
This book is a detailed work that gives a distinctively Malaysian account of the six areas of law that are conventionally accepted as falling under the rubric of intellectual property: the law of passing off, registered trademarks, copyright, patents, registered industrial designs and confidential information. It provides a basic but comprehensive account of the substantive rules that govern these areas of intellectual property law, with the focus being essentially on the Malaysian position. In treating intellectual property law as a coherent whole, this book enables the inter-relationship and the similarities that exist between the different areas to be better appreciated.
In addition to the thorough survey of local law, references have been made to case law from foreign jurisdictions where uncertainties arise in the local position. This provides a different perspective on possible approaches that may be applicable in addressing the local issues. In the areas which are governed by statutes, an outline of the historical background, justifications for protection and the international influences that have shaped those areas are provided so as to convey a better understanding of the nature of the law of intellectual property.
Written by an experienced teacher and researcher of intellectual property law, this book provides clear analysis and discussion of the law, supported by copious citation of authorities. This new edition is fully up to date, taking into account new case law and statutory developments.


Dr Tay Pek San is an associate professor at the Faculty of Law, University of Malaya. She has 25 years of experience teaching intellectual property law and researching in that area. Her keen interest in intellectual property law inspired her to write this book to share her knowledge and to meet the many requests from her previous students for a text on Malaysian intellectual property law.

This edition updates the contents of the first edition in the light of legislative amendments and many reported court decisions since then. Dr Tay joined the University of Malaya in 1992 to pursue a postgraduate degree and teach at the same time. It was then that she became involved in intellectual property law and has since been drawn into that area.

Prior to joining the academia, she was in active legal practice for some years, after graduating from the University of Sydney, Australia (with the double degrees of Bachelor of Science and Bachelor of Laws) and subsequently called to the Malaysian Bar. She has also been admitted to the Bar of New South Wales, Australia. Dr Tay was a consultant to the Malaysian Intellectual Property Office in a number of legislative amendments to the country’s intellectual property statutes. She was the Director of the Centre for Law and Ethics in Science and Technology, which is a research centre at the Faculty of Law, University of Malaya from April 2018 to August 2020. She also supervises Master of Laws and doctoral students.

She has published widely in local and established international journals and has written many book chapters with renowned publishers. Her other books include Khaw on Copyright Law in Malaysia (4th edition, LexisNexis, 2017), Legal Issues in Cloud Computing in Malaysia (Sweet & Maxwell, 2018) and Protection of Well-Known Trade Marks in Malaysia (Sweet & Maxwell, 2007).


Table of Contents 

1. Preliminary
2. Trademarks: Background and International Aspects
3. Passing Off: Goodwill
4. Passing Off: Misrepresentation
5. Passing Off: Damage
6. Registrable Trademarks
7. Registrability of Trademarks I: Absolute Grounds for Refusal of Registration
8. Registrability of Trademarks II: Relative Grounds for Refusal of Registration
9. Trademark Registration and Its Effect
10. Infringement of Trademarks
11. Acts Not Constituting Trademark Infringement
12. Alteration, Correction, Cancellation, Revocation and Invalidation of Trademark Registration
13. Trademark Enforcement
14. The Law of Geographical Indications
15. Copyright: Background and International Aspects
16. Requirements for Copyright Protection
17. Works Eligible for Copyright
18. Authorship and Ownership of Copyright
19. Dealings in Copyright ad Duration
20. The Exclusive Rights of a Copyright Owner, Infringement and Remedies
21. Defences to Copyright Infringement
22. Copyright Offences and Border Measures
23. Moral Rights
24. Performers’ Right
25. Patents: Background, International Aspects and Practical Matters
26. Patentability
27. Ownership, Dealings in Patents and Related Matters
28. Patent Infringement, Invalidation and Defences
29. Registered Industrial Designs: Background, International Aspects and Requirements for Protection
30. Registered Industrial Designs: Ownership, Infringement, Defences, Revocation and Rectification
31. Confidential Information

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