Intellectual Property Law in Malaysia, 2nd Edition | By Dr Tay Pek San

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Intellectual Property Law in Malaysia, 2nd Edition by Dr Tay Pek San

Author Dr Tay Pek San
Publication Date Nov 2020
ISBN 9789672339885
Format
Hardcover + Ebook
Publisher Sweet & Maxwell


NEW IN THIS EDITION of Intellectual Property Law in Malaysia:
  • Since the first edition of the book, the legislative and judicial developments in Malaysian intellectual property law have been examined.
  • Incorporates major breakthroughs in intellectual property protection on a global scale.
  • The ASEAN Intellectual Property Cooperation is described in detail.
  • Explains the Madrid Protocol's trademark registration process.
  • The Trademarks Act 2019 adds additional chapters on registered trademark law.
  • The scope of the Copyright (Amendment) Act 2020 is discussed, as well as judicial decisions that clarify key copyright principles.
  • The influence of major patent law decisions handed down by the Federal Court and the Court of Appeal is highlighted.
  • ProView is included. Extra content is only available in the ProView eBook.

The law of passing off, registered trademarks, copyright, patents, registered industrial designs, and confidential information are the six areas of law that are traditionally accepted as falling under the rubric of intellectual property. 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 gives a basic but thorough overview of the substantive laws that regulate these areas of intellectual property law, with a particular focus on Malaysia's position. This book allows the inter-relationships and parallels that exist between the different domains to be better grasped by considering intellectual property law as a whole.

In addition to a detailed examination of local legislation, references to case law from other jurisdictions have been made when there are questions about the local situation. This provides a unique viewpoint on various approaches to tackling local concerns. An account of the historical background, arguments for protection, and international influences that have impacted those areas are offered in the areas controlled by legislation in order to impart a better understanding of the nature of intellectual property law.
 
This book, written by an experienced intellectual property law instructor and researcher, presents a clear analysis and discussion of the law, backed up by numerous citations of authorities. This new edition is completely updated, taking into account recent case law and legislative changes.

Dr. Tay Pek San is a lecturer at the University of Malaya's Faculty of Law. She has 25 years of expertise teaching and researching intellectual property law. Her deep interest in intellectual property law encouraged her to produce this book in order to share her knowledge and to respond to numerous requests for a text on Malaysian intellectual property law from her past students.

In light of legislative modifications and numerous reported judicial decisions since the original edition, this edition updates the content. In 1992, Dr. Tay enrolled at the University of Malaya to pursue a doctorate degree while also teaching. She started concerned in intellectual property law at that time and has been drawn into it ever since.

She worked in active legal practise for a number of years after graduating from the University of Sydney in Australia (with double degrees in Bachelor of Science and Bachelor of Laws) and being admitted to the Malaysian Bar. She is also a member of the New South Wales Bar Association. Dr. Tay advised the Malaysian Intellectual Property Office on a number of legislative changes to the country's intellectual property laws. From April 2018 to August 2020, she was the Director of the Centre for Law and Ethics in Science and Technology, a research centre at the University of Malaya's Faculty of Law. She also oversees Master of Laws and Doctor of Philosophy students.

She has a long list of publications in both local and international periodicals, as well as numerous book chapters with prestigious publishers. 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, 2018) are among her other works (Sweet & Maxwell, 2007).

TABLE OF CONTENTS of Intellectual Property Law in Malaysia

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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