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Trademarks Law: Cases and Commentary, Second Edition - Malaysia

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This new commentary on Westlaw Asia provides an up-to-date selection of cases on trademarks law together with insightful commentaries. This updated edition highlights the changes under the new Trademarks Act 2019.

Trademarks Law in Malaysia: Cases and Commentary, Second Edition is a revamped edition from the first book which was published in 2003. It continues to provide a comprehensive overview on the development, economic rationale as well as the role and functions of the trademark system in Malaysia.

The book examines the registrability of trademarks, discusses the issues in trademark registration, explores the process of trademark application, and deals with the issues of trademark infringement as well as passing off. This useful resource also describes the types of remedies available to a trademark owner in the instance of unlawful use of his trademark, explains the issues on revocation of trademarks and elaborates on the concept of well-known marks.

This updated edition highlights the changes under the new Trademarks Act 2019, repealing the old Trade Marks Act 1976, including the reinforcement that a trademark is a proprietary right, and the criteria of being a well-known trademark under the new Act through decided cases.

Written by two expert authors who are well-acquainted with the subject of trademarks law through academic and practical experience, this book provides a case-based study of Malaysian trademarks law, supplementing other materials on the subject of trademarks law in Malaysia. The cases are drawn from Malaysia and jurisdictions overseas. Westlaw Asia users may also find Intellectual Property Law in Malaysia, Second Edition (2020) and Trademarks Act 2019 with Overview (2020) useful in their research on trademarks law in Malaysia.

The key features are:

  • A revision to the first edition, updating the trademark law as the Trade Marks Act 1976 (“TMA 1976 “) has been repealed and replaced by the Trademarks Act 2019 (“TMA 2019”)
  • Useful overview of the law based on the new TMA 2019 including new provisions on non-traditional marks, the Madrid Treaty, the use of trademark as collateral and security, and criminal provisions
  • Analysis of case law from the TMA 1976 and their relevance to the provisions of TMA 2019 with concise explanation on important legal principles for application
  • Cross-border references wherever possible for added value and comparative understanding
  • Case commentary highlights key points and provides insightful legal analysis of the issues that arise in the case
  • Comparative analysis of the cases and the law are provided wherever possible
Kevin Ooi
By Kevin Ooi

Kevin Ooi is Managing Editor in charge of books and major works at Thomson Reuters Asia, Malaysia.

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