Tips for Trademark Prosecution in Malaysia                                            considering a new framework to allow...
About the IP Law Europe Summit 2013  The        Legal      Network           -  marcus evans Summits group                ...
Upcoming SlideShare
Loading in …5
×

Tips for Trademark Prosecution in Malaysia - Interview: Kherk Ying Chew, Baker & McKenzie International

620 views

Published on

For more information: emailus@marcusevans.com

Kherk Ying Chew a Managing Partner at Wong & Partners and Member Firm of Baker & McKenzie International, a law firm at the marcus evans IP Law Europe Summit 2013, discusses trademark prosecution in Malaysia.

Join the 2015 Summit along with top IP Law executives and service providers in an intimate environment for a focused discussion of key new drivers shaping the legal industry today.
For more information: emailus@marcusevans.com

Published in: Law
  • Be the first to comment

  • Be the first to like this

Tips for Trademark Prosecution in Malaysia - Interview: Kherk Ying Chew, Baker & McKenzie International

  1. 1. Tips for Trademark Prosecution in Malaysia considering a new framework to allow IP A colour claim for a trademark in the assets to be valued and such assets to same manner as understood in other be collateralised. This will allow countries is not wholly applicable in businesses to monetise IP assets to Malaysia. The Malaysian Trademarks Act some extent. Further amendments to allows a coloured mark to be filed which existing IP legislation will be expected to is in fact a “colour limitation” rather allow collateralisation of IP assets to than a colour claim. This means that if a take effect. mark is indicated to be filed in colour, then protection will only be limited to Discussions are also underway to the colours as filed and usage in other consider accession to the Madrid colours of the same or similar mark will Protocol, a development which will no not infringe. doubt excite many European IP counselInterview with: Kherk Ying Chew, managing global portfolios. The Malaysian Trademark Registry hasManaging Partner, Wong & introduced online filings, computerisedPartners, Member Firm of Baker & searches and also expeditedMcKenzie International examination in certain circumstances. European IP I would advise European IP counsel toThere are new and exciting IP seek advice from local law firms to seekdevelopments in Malaysia, says Kherk Counsel should the best and up to date advice toYing Chew, Managing Partner, Wong & maximise protection of their companies’Partners, Member Firm of Baker & not assume that trademarks in Malaysia.McKenzie International. Thus workingwith a law firm that understands the trademark Why do European companies needlocal intellectual property (IP) proper advice on filing in Malaysia?landscape will assist to maximise the prosecutionbenefit of these new legislation, she As advised, while the core principles inwent on to say. processes are IP laws in Malaysia are in line with international principles and standard,From a law firm attending the marcus similar to those there are local practices which areevans IP Law Europe Summit 2013, special to a local jurisdiction. It isChew discusses the Malaysia IP in Europe therefore important to go to a specialistprosecution landscape and how to who will help file not only what ismaximise the value of IP assets. absolutely necessary but one who is able to render proper advice to ensureWhat is the latest on the Malaysian What insights into the local there is full protection of the IP assets.IP landscape? markets, legal systems and This will assist to save European business practices could you share? companies a lot of money in the longThe Malaysian government strongly run. The specialist firm could also helpsupports a strong regime for IP The Malaysian IP system is quite them respond to and maximise theprotection and has taken significant comprehensive and its IP laws and benefits of any new legislative changes.steps and implemented new legislation development follow closely to otherto assist to curb counterfeiting and common law countries, such as Hong How could they maximise the valueimplemented a framework of IP laws in Kong, A ust ralia and Singapore . of their organisation’s IP assets?line with international standards. However, understanding local practices is also important. For example, the European IP counsel can maximise theThe Copyright Act was recently Malaysian Trademark Registry still value of their organisation’s IP assets byamended last year, which now allows practices what we call a “disclaimer ensuring that there is proper IPwhat we call safe harbour provisions. practice”. Such a practice has ceased in protection for these assets in each localThis will impact the way online copyright many other jurisdictions. A part of the jurisdiction, including a jurisdiction likeinfringements are managed going mark, once disclaimed, will allow a third Malaysia.forward. party the right to use the same. A proprietor will usually retain exclusivity Hence, a proper filing strategy is criticalIn December last year, the Malaysian to the whole of the mark or the to a successful protection ofgovernment also announced that it is combination of the mark. trademarks, designs and/or patents.
  2. 2. About the IP Law Europe Summit 2013 The Legal Network - marcus evans Summits group Offering much more than any conference, exhibition or trade show, this exclusive delivers peer-to-peer information meeting will bring together esteemed industry thought leaders and solution on strategic matters, professional providers to a highly focused and interactive networking event. trends and breakthrough innovations. www.iplawsummiteurope.com Please note that the Summit is a closed business event and the number of participants strictly Contact limited. Sarin Kouyoumdjian-Gurunlian, Press Manager, marcus evans, Summits Division Tel: + 357 22 849 313 Email: press@marcusevanscy.com For more information please send an email to info@marcusevanscy.com All rights reserved. The above content may be republished or reproduced. Kindly inform us by sending an email to press@marcusevanscy.comAbout Wong & PartnersAs member firms of Baker & McKenzie International, Wong & Partners (Malaysia), Hadiputranto, Hadinoto & Partners (Indonesia)and Baker & McKenzie.Wong & Leow (Singapore) provide clients the legal advantage and cost benefits of being coordinated acrossa global network. The team is part of one of the best known IP teams in Asia and at the forefront of IP developments. Ourreputation and experience helps ensure that clients, including the owners of some of the world’s best known brands, are advised bya team that provides local insight and practical advice as well as develop a cutting edge, multi-jurisdictional protection strategy asrequired.www.wongpartners.comAbout marcus evans Summitsmarcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discussstrategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity toindividually tailor their schedules of keynote presentations, think tanks, seminars and one-to-one business meetings.For more information, please visit: www.marcusevans.comUpcoming EventsCorporate Counsel Asia Summit - www.asiancorporatecounselsummit.comEuropean Corporate Counsel Summit - www.eccsummit.comLitigation Asia Summit - www.litigationasiasummit.comTo view the web version of this interview please click here: www.iplawsummiteurope.com/KherkYingChew

×