Trademarks Act 2019 with Overview by Indran Shanmuganathan

Trademarks Act 2019 with Overview by Indran Shanmuganathan

To make the new legislation easier to grasp, the author has produced an expert overview that highlights the following key features:

• Clearer rules for registering non-traditional trademarks;
• Collective trademark registration;
• The notions of defensive trademarks and connected trademarks are no longer in use;
• Previously unavailable under the Trade Marks Act 1976, multi-class filings, splits, and mergers of applications;
• greater clarity in trademark examinations;
• New provisions on the processes for filing an objection and appealing a decision;
• The provisions relating to cancellation actions have been rearranged;
• The sections relevant to trademark infringement are explained, including conduct that constitute infringement, secondary liability, sign usage, possible defences and procedures, and remedies (including a new remedy for threats of infringement proceedings that are not based on facts);
• The Trade Marks Act 2019 consolidates and provides for criminal offences connected to trademark infringement (formerly included under the Trade Descriptions Act 2011).
• Trademark commercialization;
• New provisions pertaining to trademark agents' roles and administrative procedures.

The overview is prepared by an expert and seasoned practitioner with extensive knowledge and experience in Intellectual Property law, who received the Asialaw Regional Award for Outstanding Practitioner in Malaysia in 2019.

This work is useful in supporting a good grasp of the new statutory regime regulating trademarks and related practises in Malaysia for attorneys, all Intellectual Property practitioners, academics, and law students.

Author

Indran Shanmuganathan is a partner in Shearn Delamore & Co's Intellectual Property & Technology Department. His practise spans two decades and focuses on a wide range of seasoned IP litigation, including patent, trademark, copyright, domain name, and industrial design disputes, with some of his litigated cases serving as precedent or reference. He has also advised major industry players on IP strategies and litigated on IP issues with clients from a variety of industries, including major renowned international sporting bodies, pharmaceutical companies, automotive clients, service industry clients such as hotel chains, restaurants, and consumer product companies.

In Malaysia's supreme court, he frequently appears as lead counsel in complex and unique cases or appeals involving cutting-edge IP concerns. He is frequently consulted for his expert insight into the formulation of litigation tactics as well as IP startup and management difficulties. Indran was the lead lawyer in a historic landmark case [Merck Sharp & Dohme Group & Anor v Hovid Bhd [2019] 9 CLJ 1] that resulted in the supreme court overturning one of its prior rulings, which is highly rare. Given that this achievement has only been accomplished six times in Malaysian history since 1967, he holds the distinction of being the first IP lead counsel in Malaysia's first IP case. The case's decision has also sparked interest in the IP world, and it has been recognised and named as a globally significant case in the patent sector, setting the current precedent norm for that area of law. He was also honoured with the Asia Law Regional Award 2019 for Outstanding Practitioner in Malaysia, and he has been featured in a number of prestigious international journals. He's also been asked to contribute his thoughts on various issues of IP law by numerous periodicals and publishing organisations.

Due to his non-contentious portfolio, he is frequently sought out by clients for specialty consulting services such as due diligence, IP protection strategies, advisory, drafting, and regulatory processes connected to IP, IT, and Tech, as well as Franchise Agreements. In addition to pharmaceutical and food advertising, he has handled domain name conflicts, licencing, sponsorship, and merchandising issues. He also advises on personal data protection and privacy regulations, as well as competition antitrust-related activities in the field of compliance, such as the development of competition policy and the resolution of competition disputes.

CONTENTS of Trademarks Act 2019 with Overview

• Expert Overview
• Trademarks Act 2019
• Trademarks Regulations 2019

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