Month: October 2011

  • 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

  • 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…

  • 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…

  • 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]

  • 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…

  • Air Cool Marketing SB v Lim Chien Wah

    Kuala Lumpur High Court Suit No. D-22NCC-1249-2000 Breach of fiduciary duty by director who had operated a business using the same brand name of the company and also in competition with the company. Download: [Judgement]