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

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

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