Foong Cheng Leong | Articles
I am an advocate and solicitor of the High Court of Malaya and a registered trade mark, industrial designs and patent agent. I am also the author of the books, Compendium of Malaysian Intellectual Property Cases consisting of two (2) volumes, namely, trade marks and copyright and industrial designs, and Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law.
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Personal Data Protection Act to be introduced next year
By LOH FOON FONG foonfong@thestar.com.my KUALA LUMPUR: The long awaited Personal Data Protection Act 2010 will be enforced next year. Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim said the Ministry was in the process of getting “the right personnel with the right expertise” to set up the Personal Data Protection Department. The…
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Protection for your personal data
This is an interesting article from Singapore’ Straits Times regarding the collection of personal data by building owners. Whether the Malaysian Personal Data Protection Act 2010 (“PDPA”) will apply to building owners in respect of such processing is a moot point but I take the view that the PDPA is not applicable as such collection…
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MDeC To Unveil IP Valuation Model In 2012
By Dalila Abu Bakar and Nur Adila Abd Wahab CYBERJAYA, Nov 18 (Bernama) – The Multimedia Development Corporation (MDeC) is striving for Intellectual Property (IP) rights to be accepted as assets or collateral through the IP valuation model which is set to be introduced in the first quarter of next year. MDeC chief operating officer…
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Penang passes Freedom of Information Bill
GEORGE TOWN: The Penang State Assembly passed the Freedom of Information Bill Friday. Twenty-four assemblymen voted for the bill, two were against while 14 representatives were absent. A recount of votes was conducted three times before the bill was finally approved by the Speaker Datuk Abdul Halim Hussain. The bill allows the public access to…
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Trade Description Act 2011 – Date of Operation
The Trade Descriptions Act 2011 [Act 730] will come into operation on 1 November 2011. Source: http://www.federalgazette.agc.gov.my/outputp/pub_20111025_penetapan_kuat_kuasa_Akta_Perihal_Dagangan_2011_-_7_Oct_20111.pdf
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Personal data still open to abuse
By SHAHANAAZ HABIB shaz@thestar.com.my The Personal Data Protection Act (PDPA) offers some semblance of information privacy but it will not address other important aspects like non-commercial use of data or territorial or bodily privacy. DATA protection law expert Prof Abu Bakar Munir waved a list that contained 600 names, identity card numbers, addresses, phone numbers…
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Data protection Act can’t be enforced without commissioner
KUALA LUMPUR: Malaysia has yet to enforce the Personal Data Protection Act (PDPA) 2010, which was passed and gazetted last year. The reason is because a commissioner has not been appointed to enforce the law which protects personal data from being misused or sold for commercial purposes. “The law is in place and the commissioner…
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Kuang Pei San Food Producs Public Company Limited v Wes Marketing Co Sdn Bhd (No 2)
Sabah and Sarawak High Court Suit No. S22-231-2009-III Trade mark infringement, passing off and copyright infringement of the brand SMILING FISH. Plaintiff succeeded in trade mark and copyright infringement but not passing off due to failure to prove damage. Judgement: [Download]
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B.Braun Melsungen AG & Anor v Meds Sdn Bhd & Ors
Kuala Lumpur High Court Suit No. D – 22IP – 23 – 2011 Patent infringement – interlocutory injunction – whether claim of invalidation is a serious issue to be tried – whether balance of convenience lies on the Plaintiff due to damage to goodwill and reputation – whether the Defendants, being new in the market…