Legal Updates for March 2018

Intellectual Property Case Updates - Malaysia

This issue of Intellectual Property Case Updates provides case notes on two recent Malaysian cases on intellectual property.

In Tan Kim Hock Product Centre Sdn Bhd & Anor v Tan Kim Hock Tong Seng Food Industry Sdn Bhd, the Federal Court ruled that a trade description order ("TDO") premised on trade mark infringement may be applied for and granted on an ex parte basis.

In Spind Malaysia Sdn Bhd v Justrade Marketing Sdn Bhd & Anor, the Federal Court reaffirmed the applicability of the Windsurfing test in deciding inventiveness of an invention.

e-Lelong and Construction Adjudication in the Rules of Court

The Malaysian Courts' Rules Committee has just issued the Rules of Court (Amendment) 2018 amending the Rules of Court 2012 (the "Amended Rules"), which contains the rules governing High Court and Subordinate Courts proceedings in Malaysia.

The highlight of the Amended Rules concerns mainly 2 areas: (i) the new web-based platform for Court auctions known as e-Lelong; and (ii) the procedures in respect of applications to set aside, stay and enforce adjudication decisions in respect of the Construction Industry Payment and Adjudication Act 2012.