Foong Cheng Leong

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.

  • Life Online Show 16: Naughty things

    Podcast interview at the Life Online Show podcast on 2 February 2011. The following topics were discussed with host John Lim, David Wang from theclickstarter.com, David Lian from Text100, journalist Niki Cheong: 1) Groupon coming into Malaysia by acquiring GroupsMore.com 2) Google establishing a bigger foothold in Malaysia with an office in KLCC. 3) The…

  • Right to Privacy in Malaysia: Do we have it?

    First published on “LoyarBurok and republished on Malaysia Insider on 21 February 2011 If someone installs a CCTV in front of your house, can you stop him from doing so? If our Prime Minister sends his best wishes for the festive seasons to your email and mobile, is he invading your privacy? Whats the state…

  • Blog postings can backfire

    First published on The Star Newspaper on 20 January 2011. PUTIK LADA By FOONG CHENG LEONG Social media influence has hit court proceedings, with lawyers trolling blogs and Wikipedia in search of material that can help them argue the case for their clients. LAST year brought further interesting development to social media and laws all…

  • Internet Service Provider Liability Act: Do we need one?

    An analysis of the potential repercussions of the proposed Internet Service Provider Liability Act. Recently, The Star reported that the Malaysian Parliament will be tabling the ISP Liability Act (”Act”). According to The Star, the Act makes internet service providers (ISPs) responsible for curbing online piracy. The ISP will be fined if they don’t take…

  • Quick, throw your CDs away! There’s a roadblock!

    First published on LoyarBurok on 2 November 2010 For the past few months, an email has been circulating alleging that police and the enforcement division of the Domestic Trade and Consumer Affairs Ministry’s (now the Ministry of Domestic Trade, Co-operatives And Consumerism) have started operations to search and fine anyone who keeps pirated discs inside…

  • Stemlife Berhad v Bristol-Myers Squibb (M) Sdn Bhd & Arachnid Sdn Bhd

    First published on 10 August 2009 CIVIL SUIT NO S6-23-95-2008 (HC) Arachnid Sdn Bhd (“Arachnid”) provides web development and related services. In 2003, Bristol-Myers Squibb (M) Sdn Bhd (“Bristol-Myers”) engaged Arachnid to set up a website, www.meadjohnsonasia.com (“the website”). Arachnid thereafter also provided maintenance services for the website. The website hosts a forum known as…

  • Philip Morris Products SA v Ong Kien Hoe & Ors

    First published on 22 October 2009 CIVIL SUIT NO S6-23-95-2008 (HC) Philip Morris Products SA (“Philip Morris”) is a manufacturer and distributor of cigarettes and tobacco products under the trade mark of ‘MARLBORO’ throughout the world and the proprietor of the registered trade mark “MARLBORO” in Malaysia. On 10 September 2002, the officers of the…

  • Suria KLCC Sdn. Bhd. v Makamewah Sdn. Bhd.

    First published on 10 December 2009 CIVIL SUIT NO K22-22 OF 2009-II (HC) Suria KLCC Sdn. Bhd. (“Suria KLCC”) has been the registered proprietor of the trade marks “Suria KLCC”, “Suria KLCC & Swirl device” and the “Swirl device” in Class 35 and 36 under the Trade Marks Act 1976. Suria KLCC is engaged, among…

  • Income Tax (Deduction for Expenditure on Registration of Patent and Trade Mark) Rules 2009 [P.U. (A) 418/2009]

    First published on 18 January 2010 From the year of assessment of 2010 until the year of assessment of 2014, certain companies and enterprises are able to claim tax deduction for fees or payments made to register patents and/or to register trade marks under the Malaysian Patents Act 1983 and Malaysian Trade Marks Act 1976…

  • Lew Cher Phow @ Lew Cha Paw & Ors v Pua Yong Yong & Anor

    First published on 10 March 2010 (Johor Bahru High Court Suit No. MT4-22-510-2007) In this case, the Plaintiffs and the Defendants were neighbours. The High Court had dismissed an application by the Plaintiffs who applied for an order for interlocutory injunction to restrain the Defendants from installing any CCTV cameras at the Defendants’ house which…