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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Comments on section 233A of the Communications and Multimedia Act 1998
I was asked by The Star to comment on the amendments of the Communications and Multimedia Act 1998 (CMA) in the article “Experts: Necessary act to address online harms effectively“, particularly, over the new section 233A. For completeness, I reproduce section 233A- “Sending of unsolicited commercial electronic messages233A. No person shall send or cause to…
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BFM Podcast: Top 5 at 5: JPJ faces copyright battle over Madani plates
I was interviewed by BFM Radio to speak about a claim for copyright infringement over the working paper concerning the MADANI vehicle number plate series. The copyright in issue is titled “Kertas Kerja Mewujudkan Nombor Plat Khas Kenderaan Bersiri Madani 1 Sehingga Madani 9999 Untuk Didaftarkan Di Malaysia” with copyright notification no. CRLY2023J00697. You may…
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BFM Podcast: Top 5 at 5: IP Rights for Murals
I was interviewed by BFM Radio to speak about copyright of a mural, and whether any person may use it without permission of the copyright owner. You may listen to my interview below from minute 11:05 onwards. IP Rights for Murals: AirAsia’s unauthorised use of art from Lithuanian artist, Ernest Zacharevic has been panned by…
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Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law (2nd Edition)
I am happy to announce that the 2nd edition of my book “Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law (2nd Edition)” is now available for purchase. Inspiration of this book As I have mentioned previously, this book was inspired by the case of PP v Loh Guo Shi [2016] 1 SMC 190. My learned friend, Lim…
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BFM Podcast: Top 5 At 5: Unauthorised broadcasts of copyrighted content
I was interviewed by BFM Radio to speak about prevalence of online piracy in general arising from the legal action by Astro Malaysia against a nasi kandar chain operator for the unauthorised broadcasts of Astro content in multiple restaurants. The parties entered into a settlement by way of a consent judgment whereby the operator, Thaqwa…
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Impact of the Cyber Security Act 2024 on the Cyber Security Industry
I am happy to share this article I co-authored with my former intern Joanne Wong Min Min. This article was initially published as one of my Bread & Kaya articles on Digital News Asia. We expanded it for it to be published by Sweet & Maxwell in its The Law Review 2024.
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BFM Podcast: Top 5 at 5: Of MOUs And Equal Constituency Allocations
I was interviewed by BFM Radio to speak about the protection of the name “Musang King” for durians. Specifically, it was about the registration set out above by Jabatan Pertanian Negara. Interestingly, the quality, reputation or other characteristic of the durian are set out as the following in the registration (in Malay)- Kualiti, reputasi dan…
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BFM Podcast: Top 5 At 5: A Royal PR Debacle, Sugar Bans and Citizenship Amendments
I was asked by BFM Radio to comment on the Court of Appeal judgement of CTOS Data Systems Sdn Bhd v Suriati binti Mohd Yusof [2024] CLJU 1719 which overturned the High Court decision (Suriati binti Mohd Yusof v CTOS Data Systems Sdn Bhd [2024] CLJU 440) declaring that CTOS is liable negligence and breach…