I am confident that the book will surely become an invaluable reference for trademark and the body of law springing forth from the new Trademarks Act 2019 for academicians, practitioners, and members of the judiciary alike.
From the Foreword by Tan Sri Dato’ Sri Azahar bin Mohamed,
Chief Judge of Malaya
- A revision to the first edition, updating the trademark law as the Trade Marks Act 1976 (“TMA 1976 “) has been repealed and replaced by the Trademarks Act 2019 (“TMA 2019”)
- Useful overview of the law based on the new TMA 2019 including new provisions on non-traditional marks, the Madrid Treaty, the use of trademark as collateral and security, and criminal provisions
- Analysis of case law from the TMA 1976 and their relevance to the provisions of TMA 2019 with concise explanation on important legal principles for application
- Cross-border references wherever possible for added value and comparative understanding
- Case commentary highlights key points and provides insightful legal analysis of the issues that arise in the case
- Comparative analysis of the cases and the law are provided wherever possible
Trademarks Law in Malaysia: Cases and Commentary, Second Edition is a revamped edition from the first book which was published in 2003. It continues to provide a comprehensive overview on the development, economic rationale as well as the role and functions of the trademark system in Malaysia.
The book examines the registrability of trademarks, discusses the issues in trademark registration, explores the process of trademark application, and deals with the issues of trademark infringement as well as passing off. The authors also describe the types of remedies available to a trademark owner in the instance of unlawful use of his trademark, explain the issues on revocation of trademarks and elaborate on the concept of well-known marks.
This updated edition highlights the changes under the new Trademarks Act 2019, repealing the old Trade Marks Act 1976, including the reinforcement that a trademark is a proprietary right, and the criteria of being a well-known trademark under the new Act through decided cases.
Written by two expert authors who are well-acquainted with the subject of trademarks law through academic and practical experience, this book should be a useful reference to legal practitioners, intellectual property consultants, trademark agents, academicians and students, supplementing other materials on the subject of trademark law in Malaysia.
Ida Madieha bt Abdul Ghani Azmi pursued her LLB at the International Islamic University Malaysia (IIUM) from 1985–1989. After being called to the Bar in 1990, she proceeded with her LLM at the University of Cambridge, followed by a PhD at Queen Mary and Westfield College, London. She is currently a Professor of Law at the Civil Law Department, IIUM.
Jeong Chun Phuoc graduated with LLB (Hons) from International Islamic University Malaysia (IIUM) and obtained his Master of Laws from the National University of Singapore (NUS). He is an advocate and solicitor of the High Court of Malaya (non-practising). Jeong Chun Phuoc is Senior Lecturer at the Management and Science University (MSU). He was an adjunct professor at the Graduate School of MSU and a visiting professor at MSU. He has provided numerous drafting and review pertaining to intellectual property (IP) policies and documents including novel IP issues. He is passionate in matters relating to compliance, regulatory and policy affairs with special focus on IP dimension. He has seen engagements in numerous capacity as a consultant, advisor, lecturer, supervisor, academic supervisory panel, speaker, trainer, moderator, reviewer, grant leader, chairman, etc. His present area of engagement encompasses IP consultancy, international journals, academic projects, conferences, symposiums, webinars, at universities, private and public sectors, and NGOs platforms including the Bar Council.
Chapter 1: Trademarks - General Principles
Chapter 2: Grounds for the Registrability of Trademarks
Chapter 3: Trademark Application
Chapter 4: Proprietary Interest and Licences
Chapter 5: Trademark Infringement
Chapter 6: Exceptions
Chapter 7: Remedies
Chapter 8: Revocation of Registration
Chapter 9: Well-Known Marks
Chapter 10: Passing Off