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.

  • Protecting your Intellectual Property Rights in Malaysia

    This article was published in the December 2012 issue of The Bridge, a quarterly magazine published by the Malaysia Canada Business Council. In this article, Mr. Foong Cheng Leong briefly sets out the intellectual property rights protected in Malaysia. Foong Cheng Leong is an Advocate and Solicitor of the High Court of Malaya and also…

  • PDPA: Businesses have responsibilities and burdens

    I was invited to contribute to a monthly column in Digital News Asia which I named it as Bread & Kaya. The column will have legal news relating to intellectual property, cyberlaws, franchise, data privacy and the like. My first article “PDPA: Businesses have responsibilities and burdens” was published on 31 December 2012. Dec 31,…

  • Event: Bar Wars! | Intellectual Property Valuation (10 and 11 Jan 2013)

  • Can a franchise agreement be executed before the registration of the franchise in Malaysia?

    In a recent High Court case, the Court held that a licence agreement can qualify as a franchise agreement and a licensor cannot offer to sell or provide a franchise until his franchise is registered in Malaysia. Munafya Sdn Bhd v Profquaz Sdn Bhd The Defendant operates an Islamic education system or syllabus for preschool…

  • BFM Podcast: Intellectual Property Rights and Social Media

    Foong Cheng Leong, a lawyer tells of the intellectual property laws governing social media and what businesses ought to look out for and not infringe. If a business outsources the management of its social media activities, who is responsible for infringements?   Your browser does not support native audio, but you can download this MP3…

  • Malaysia Personal Data Protection Act to come into force Jan 1

    The Star Newspaper reported that the Malaysian Personal Data Protection Act 2010 will be in force on 1 January 2013. However, at the time of publication of this blogpost, the date of enforcement has not been gazetted in the Government Gazette. It’s alarming that the Deputy Minister has taken the view that consent to process…

  • Date of Coming into Operation of the Franchise (Amendment) Act 2012

    The Malaysian Ministry of Domestic Trade, Co-operatives and Consumerism has appointed 1 January 2013 as the date on which the Franchise (Amendment) Act 2012 comes into operation. For a write up on the changes to the Malaysian Franchise Act 1998, please see our article “Amendment to the Malaysian Franchise Act 1998”

  • Anonymity, is your time up?

    A. Asohan, my fellow comrade from the Stop 114A Committee, quoted me in his article in Digital News Asia regarding internet anonymity. I am an advocate of privacy rights and to me certainly would extend to online privacy. We now live in a world where enterprises are hungry for personal data to be exploited commercially.…

  • China Domain Name Scams

    If you received an unsolicited email informing you that someone in China will be registering your trade mark / name in China, you may ignore the said email as it is a well known online scam. The email may look something like this:- Dear Manager, (If you are not the person who is in charge…

  • Cyber café and centres owners and users take note

    If you’re running a cybercafé or a cyber centre in Kuala Lumpur or frequents such places in Kuala Lumpur, you should take note of the new Cyber Centre and Cyber Cafe (Federal Territory of Kuala Lumpur) Rules 2012 (“Rules”) which came into force on 15 June 2012. Under the Rules, any person operating a cybercafé…