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Law of Trade Marks and Passing Off in Malaysia

This book provides readers with a comprehensive view of the legislative provisions and principles for the registration, maintenance and enforcement of trade marks as well as the general principles related to the common law action for passing off.
by Teo Bong Kwang (Author)
Publisher: LexisNexis

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eBook
ISBN/ISSN: 9789674009649
Published: 02 April, 2021
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RM 380.00
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Book (Soft cover)
ISBN/ISSN: 9789674009601
Published: 02 April, 2021
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RM 400.00
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Product description

This book provides readers with a comprehensive view of the legislative provisions and principles for the registration, maintenance and enforcement of trade marks as well as the general principles related to the common law action for passing off. In view of the recently enacted Trademarks Act 2019, the author has drawn on his years of experience to provide extensive commentary on the general principles and practice of trade mark law in Malaysia, as well as an in-depth treatment of the principles of passing off. Whilst the law related to trade mark matters is now governed by the new Act, the saving provisions of the same provide that the Trade Marks Act 1976 still applies to certain trade mark applications. To address this, the book also contains several chapters that address the provisions and developments of case laws under the 1976 Act. More importantly, the author has attempted to elucidate the important provisions of the newly enacted Trademarks Act 2019 by drawing upon numerous case laws which explained the analogous provisions found in the trade mark legislation of the United Kingdom, European Union and Singapore.
 

Featured Authors

Teo Bong Kwang

Teo Bong Kwang

Teo Bong Kwang is a founding partner of the intellectual property and technology firm, Wong Jin Nee & Teo. An Advocate and Solicitor of the High Court of Malaya, he is also a registered Patents Agent, Registered Trade Marks Agent and Registered Industrial Designs Agent. Over the long span of his years in practice, Bong Kwang has also served in various intellectual property organisations. His areas of specialisation include IP litigation, alternate dispute resolution and advising generally on intricate and novel issues related to intellectual property laws. He has vast experience in litigations involving trade mark, patent, copyright, industrial design, trade secret, confidential information, information and communication technology, pharmaceutical and food laws. Teo Bong Kwang has authored several books, including the highly regarded first local textbook on trade mark law and practice, “Trade Mark Law and Practice in Malaysia” (Butterworths, 2001). He regularly contributes articles and write-ups on IP-related issues to local newspapers and magazines as well.

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View all books by Teo Bong Kwang (1)

Table of contents

THE LAW OF TRADE MARKS AND PASSING OFF IN MALAYSIA CONTENTS
 
 PART 1: HISTORICAL BACKGROUND AND GENERAL CONCEPTS
 CHAPTER 1. Historical Background and Basic Concepts
 CHAPTER 2. Use of a Trade Mark
 CHAPTER 3. Administration of Trade Mark Registration and Related Matters
 
 PART2: THE OLD LAW
 CHAPTER 4. Registrable Trade Marks under the Repealed Act
 CHAPTER 5. Prohibitions on Registration under the Repealed Act
 CHAPTER 6. Dealing with the Registrar’s Objections under the
 Repealed Act
 CHAPTER 7. Comparison of Trade Marks Under the Old Law
 CHAPTER 8. Rectification of Register under the Repealed Act
 CHAPTER 9. Infringement of Trade Mark under the Repealed Act
 CHAPTER 10. Quasi-Criminal Sanctions under the Unamended Trade Descriptions Act 2011
 
 PART 3: THE NEW LAW
 CHAPTER 11: What is a Trade Mark
 CHPATER 12: Collective and Certification Marks
 CHAPTER 13: Well-known Trade Marks
 CHAPTER 14: Registration Procedure and Practice under the New Act
 CHAPTER 15: The Madrid Protocol
 CHAPTER 16: Absolute Grounds for Refusal of Registration
 CHAPTER 17: Relative Grounds for Refusal of Registration
 CHAPTER 18: Revocation, Invalidation, Correction and Cancellation
 CHAPTER 19: Dealings in Registered Trade Marks
 CHAPTER 20: Infringement of Trade Marks under the New Act
 CHAPTER 21: Defences to Infringement of Trade Mark under the New Act
 CHAPTER 22: Action and Remedies for Infringement of Trade Mark under the New Act
 CHAPTER 23: Groundless Threats
 CHAPTER 24: Offences and Criminal Sanctions under the New Act
 
 PART 4: PASSING OFF
 CHAPTER 25: The Action for Passing Off
 
 PART 5: INTERNET AND DOMAIN NAME
 CHAPTER 26: Internet and Domain Name
 

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