Category: Intellectual Property

  • BFM Podcast: THE MYSEJAHTERA APP: WHO OWNS WHAT?

    The MySejahtera saga continues with uncertainty over the ownership of the app. Foong Cheng Leong, Intellectual property and information technology lawyer helps us untangle this complex web, reminding us of the importance of contracts. Produced by: Moh Heng YingPresented by: Wong Shou Ning, Tan Chen Li, Philip See

  • Does Malaysia have laws to nix ‘offensive’ brand names or ones that cause ‘public anxiety’? Lawyers explain

    I was asked by The Malay Mail to give my thoughts on the issue of the word TIMAH by a local whisky brand. The Government has asked the brand owner to consider to change its brand name in view of the alleged public outcry over the use of a Malay word for an alcoholic product.…

  • BFM Podcast: SONG CATALOGUES UP FOR SALE

    Once upon a time, it was considered totally unacceptable for musicians to even consider selling their song catalogues, but now, we see a trend of musicians, especially the senior ones, doing so. Some have cited estate planning as one of the reasons for doing this, but surely, these songs have value too and can be…

  • Top 5 Steps To Protecting Your Music

    By Cheng Leong Foong, Rachel Fung13 March, 2019 As the Internet continues to transform the landscape of the music industry, its players have to navigate and find their place in it. While the age of the Internet has brought new and exciting ways for musicians to reach wider audiences for example through music streaming or…

  • Withholding Tax Exemption on Payment to Non Residents For Technical Advice, Assistance, etc

    The Minister of Finance has granted withholding tax exemption (WHT) on payments to non-residents that fall within Section 4A(i) and (ii) of the Income Tax Act in respect of offshore services via the Income Tax (Exemption) (No. 9) Order 2017. In effect this reverts to the previous position, such that intellectual property services (such as…

  • BFM Podcast: LANDMARK #4: FACEBOOK

    Subsequent to my update on the Malaysian 2016 cyberlaw cases, I was interviewed by BFM Radio to talk about general laws applicable to social media in Malaysia on 13 April 2017. I also covered the rules applicable to your digital data after your death and how to manage them in preparation of your death. Who…

  • Don’t be penny-wise, startups: lawyers

    I gave on a talk on Intellectual Property Law for Startup at a firechat sessions titled “Bridge the Gap between Startups and the Law” organised by BurgieLaw held at the Malaysian Global Innovation and Creativity Centre (MaGIC) on 9 May 2016. Subsequent to the firechat session, I was featured in The Star in their article…

  • Compendium of Intellectual Property Cases – Copyright and Industrial Designs Volume 2

    I am pleased to announce that the second volume of the Compendium of Intellectual Property Cases had been published by LexisNexis. This volume covers Malaysian copyright and industrial designs cases. It contains more than 50 reported and unreported cases on copyright and industrial designs from the Malaysian Sessions Court, High Court, Court of Appeal and…

  • BFM Podcast: CAN EMOTIONS BE COPYRIGHTED?

    I was interviewed by BFM Radio to talk about illegal downloading of music, songs etc by internet users and the podcast was published on 28 March 2016. Read: Pharrell Williams, et al. v. Bridgeport Music, Inc., et al. In 2013, the family of Marvin Gaye sued Robin Thicke, Pharrell and their label Universal for copyright…

  • BFM Podcast: Suing Illegal Downloaders

    I was interviewed by BFM Radio to talk about illegal downloading of music, songs etc by internet users on 13 April 2015. The makers of Dallas Buyers Club, the award winning movie starring Matthew McConaughey and Jared Leto, have been aggressively going after online pirates in the United States, Australia and now, Singapore. What set…