Trademarks Law in Malaysia: Cases and Commentary, 2nd Edition (E-Book)

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 Trademarks Law in Malaysia: Cases and Commentary, 2nd Edition

Author Ida Madieha bt Abdul Ghani Azmi and Jeong Chun Phuoc
Publication Date Dec 2021
ISBN 9789672919155
Publisher Sweet & Maxwell

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I am confident that the book will surely become an invaluable reference for trademark and the body of law springing forth from the new Trademarks Act 2019 for academicians, practitioners, and members of the judiciary alike.

From the Foreword by Tan Sri Dato’ Sri Azahar bin Mohamed,
Chief Judge of Malaya

KEY FEATURES of Trademarks Law in Malaysia: Cases and Commentary:

  • The Trademarks Act 1976 ("TMA 1976") has been abolished and replaced with the Trademarks Act 2019 ("TMA 2019"), which is a revision to the original edition that updates trademark law.
  • The new TMA 2019, which includes new laws on non-traditional marks, the Madrid Treaty, the use of trademarks as collateral and security, and criminal restrictions, provides a useful summary of the law.
  • Case law from the TMA 1976 is analysed for its relation to the TMA 2019 regulations, along with a succinct explanation of key legal concepts for applicability.
  • Wherever possible, cross-border references are included for added value and comparative understanding.
  • The case commentary highlights crucial aspects and gives in-depth legal analysis of the problems raised.
  • Wherever possible, comparative analyses of the instances and the legislation are presented.

The second edition of Trademarks Law in Malaysia: Cases and Commentary replaces the original version, which was published in 2003. It continues to provide a complete account of the trademark system's development, economic reasoning, and role and functions in Malaysia.

The book investigates trademark registrability, covers trademark registration concerns, delves into the trademark application process, and addresses trademark infringement and passing off. The writers also go through the many forms of remedies available to a trademark owner in the event of illegal use of his property, as well as the difficulties surrounding trademark revocation and the idea of well-known marks.

This updated edition highlights the changes made by the new Trademarks Act 2019, which replaces the old Trade Marks Act 1976, such as the affirmation that a trademark is a proprietary right and the requirements for being a well-known trademark under the new Act, as evidenced by decided cases.

This book should be a useful reference for legal practitioners, intellectual property consultants, trademark agents, academicians, and students, supplementing other materials on the subject of trademark law in Malaysia. It was written by two expert authors who are well-acquainted with the subject of trademark law through academic and practical experience.

TABLE OF CONTENTS of Trademarks Law in Malaysia: Cases and Commentary, 2nd Edition

Chapter 1: Trademarks - General Principles
Chapter 2: Grounds for the Registrability of Trademarks
Chapter 3: Trademark Application
Chapter 4: Proprietary Interest and Licences
Chapter 5: Trademark Infringement
Chapter 6: Exceptions
Chapter 7: Remedies
Chapter 8: Revocation of Registration
Chapter 9: Well-Known Marks
Chapter 10: Passing Off

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ISBN: 9789672919155

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