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.

  • 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…

  • Giordano defeats Giordano

    Published on 14 September 2010 Walton International Limited v Yong Teng Hing B/S Hong Kong Trading Co & Anor (Civil Appeal No: W-02-685-2008) The appellant is the registered proprietor of “GIORDANO” trade mark and other related trade marks in Class 25 (for garments and wearing apparels; jeans, T-shirts, pouch, accessories, trousers, clothing, footwear and headgear…

  • Personal data and the law

    Published in The Star Newspaper on 5 August 2010 As the Personal Data Protection Act 2010 will be in force any time soon, data users are advised to be familiar with, and to start adhering to, its principles. THE Personal Data Protection Act 2010 that is set to be enforced regulates the collection of personal…

  • Tweet at your own risk

    Published in The Star Newspaper on 21 January 2010 The explosion in Internet-based social networking – fuelled by ease of DIY publishing – is throwing up new challenges, business and legal, to the online community. THE year 2009 marked an important year for social media networking. It brought change to politics, society and business. Many…