Issue 1 - April 2020
Our first issue of EncyCLOpedia for 2020 covers a spectrum of legal developments and greater insight on existing laws, as well as provides access to information that may be of interest to businesses and industries affected by Covid-19.
The enactment of the Trademarks Act 2019 has impacted positively on Malaysia's long overdue accession to the Madrid Protocol and potentially allows businesses to explore how trademarking can be used to enhance business visibility and deals with the issue of protection of trademarks as well. This issue of EncyCLOpedia also provides readers which quick tips about the enforcement of Anti-Corruption laws in Malaysia and succinctly explains the details of what the law entails.
An interesting addition to recent laws has been the incorporation of the new section 6A to the Limitation Act 1953 which now allows for limitation periods to be extended in cases founded on negligence not involving personal injuries, where the damage is not discoverable at the time the cause of action accrues. This may potentially result in additions to the variety of civil claims that will be filed and the details are worth considering in the article titled "Late Discovery of Latent Damage? Limitation Period has been Relaxed by New Section 6A of Limitation Act 1953".
With everything that is happening due to Covid-19, the traditional "force majeure" clauses is contracts have now taken on greater emphasis with many businesses reviewing what used to be "standard" force majeure clauses and rewriting these to include a wider range of possible unexpected events, and businesses that have not incorporated such clauses into their agreements scramble to include "force majeure" clauses due to the uncertainties that lie ahead. We believe that this is a crucial consideration for all businesses at this time, and encourage you to read this article in detail.
Last but certainly not least, this publication also explains the differences between asset purchase and share purchase when acquiring a business with emphasis on the pros and cons of these different acquisition strategies. This will certainly be useful for readers who are thinking of buying or selling businesses in the near future.
We also take the opportunity, in this issue of EncyCLOpedia, to celebrate and share with you, our achievements as a legal firm.