Legal Updates for June 2017

Intellectual Property Case Updates - Malaysia

In Liwayway Marketing Corporation v Oishi Group Public Co Ltd,the Federal Court held that in trade mark cancellation proceedings based on non-use, there was no burden on registered proprietor to prove use until and unless a prima facie case of non-use has been established by the applicant for cancellation.

The High Court in Louis Vuitton Malletier v Renown Incorporated discussed the issue of whether cause papers for legal proceedings instituted under the Trade Marks Act 1976 could be validly served on a registered proprietor who does not reside or carry on business in Malaysia by serving the documents on the local address given to the Registrar of Trade Marks which is the address of the local trade mark agent of the registered proprietor. The Court opined that it would be sufficient for the cause papers to be served on the local address that was given to the Registrar.

Finally, in Chanel v. Melwani2 International Sdn Bhd, Lachmandas Ishwarlal Melwani & Ang Chong Leng, it was held that an individual may be personally liable for a company’s infringement of a registered trade mark under the Trade Marks Act 1976.