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Malaysian Specialist Intellectual Property and Construction Courts: Practice and Procedure

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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, 2010
ISBN 9789672919162
Format
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
  • Provides valuable guidance on the practice at the Intellectual Property and Construction Courts
  • Presents helpful overview of the types of cases commonly encountered in these courts
  • Contains clear analysis of the applicable law and procedure
  • Includes Practice Directions relevant to the practice in these courts
  • Presents instructive slides on civil litigation trial and advocacy
  • Available on ProView only: extracts of key statutory provisions for easy reference 

This is a professional guide on the practice and procedure at the specialist Intellectual Property and Construction Courts of Malaysia. Intellectual property and construction cases are often considered as technical and complex, requiring in-depth understanding by the parties, their lawyers as well as judges too. Experts are also frequently involved. The principal object of the book is to demystify the practice and procedure in these specialist courts. The content has been structured in a methodical manner that is easily accessible and comprehensible to the reader.

Starting off with an introduction of the history, jurisdiction and powers of the specialist Intellectual Property and Construction Courts, the book considers the causes of action and defences commonly encountered in both courts. It then delves in the writ action process from start to finish, including several typical interlocutory applications. Originating summons and appeals processes are also given careful treatment. Specifically for the Constructions Court, useful consideration is given to the arbitration and statutory adjudication-related processes.

Throughout the book, relevant Malaysian legislation and case authorities have been cited and discussed. Occasional references have been made to foreign cases to shed light on more difficult areas of practice. The book benefits from the professional expertise and experience of an author who brings with him years of legal practice and judicial experience.

This book is useful for lawyers, law academicians, patent and registered design agents, trademark agents, architects, engineers, surveyors as well as building and engineering contractors.

TABLE OF CONTENTS

  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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