Malaysian Specialist Intellectual Property and Construction Courts: Practice and Procedure


Malaysian Specialist Intellectual Property and Construction Courts: Practice and Procedure By Mr. Justice Dato’ Lim Chong Fong D.S.P.N.

Author Mr Justice Dato' Lim Chong Fong D.S.P.N
Publication Date Dec, 2020
ISBN 9789672919162
Hardcover + Ebook
Publisher Sweet & Maxwell


"I have no hesitation in commending this book to all whose work requires a proper understanding of the practice and procedure of Malaysian Specialist Intellectual Property and Construction Courts."
From the Foreword by YAA Tun Tengku Maimun bt Tuan Mat
Chief Justice of Malaysia
KEY FEATURES of Malaysian Specialist Intellectual Property
  • Provides useful information on how the Intellectual Property and Construction Courts operate.
  • Provides a useful summary of the types of matters that are regularly heard in these courts.
  • The appropriate law and procedure are clearly explained.
  • Practice Directions applicable to the practise of law in these courts are included.
  • Slides on civil lawsuit trial and advocacy are presented.
  • Extracts of significant statute sections for convenient reference are only available on ProView.

This is a comprehensive guide on the practise and procedure in Malaysia's specialty Intellectual Property and Construction Courts. Intellectual property and construction cases are frequently seen as technical and difficult, requiring in-depth knowledge from the parties, their lawyers, and the courts as well. Experts are frequently involved as well. The book's main goal is to clarify the practise and procedure in these specialised courts. The information has been organised in such a way that it is easily accessible and understandable to the reader.

The book begins with an overview of the history, jurisdiction, and capabilities of the specialised Intellectual Property and Construction Courts before moving on to frequent causes of action and defences in both courts. It then goes over the entire writ action process, including various common interlocutory applications. The mechanisms of summons and appeals are also given great consideration. Arbitration and statutory adjudication-related processes are given careful consideration by the Constructions Court.

Relevant Malaysian legislation and case authorities are quoted and analysed throughout the book. Foreign cases have been referenced on occasion to offer light on particularly problematic areas of practise. The book benefits from the author's professional knowledge and experience, which includes years of legal practise and court experience.

Lawyers, law professors, patent and registered design agents, trademark agents, architects, engineers, surveyors, and building and engineering contractors will benefit from this book.

TABLE OF CONTENTS of Malaysian Specialist Intellectual Property and Construction Courts: Practice and Procedure

  1. Brief History and Jurisdiction
  2. Court Cases: Causes of Action and Defences
  3. Writ Actions and Interlocutory Applications
  4. Originating Applications and Appeals
  5. Arbitration: Facilitation, Challenges and Enforcement
  6. Statutory Adjudication: Challenges and Enforcement
  7. Future Initiatives and Developments

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