The Trademarks Act 2019 came into force on December 27, 2019 and has repealed the Trade Marks Act 1976. This publication presents the full text of the Trademarks Act 2019 and the Trademarks Regulations 2019.

To facilitate understanding of the new legislation, the author has provided an expert overview which highlights the following salient features of the new Act:

Greater clarity on the registration of non-traditional trademarks;
The registration of collective marks;
Removal of the concepts of defensive trademarks and associated trademarks;
Multi-class filings, divisions and mergers of applications previously unavailable under the Trademarks Act 1976;
Greater clarity on the examination of trademarks;
New provisions on opposition and appeal procedures;
Rearrangement of the provisions pertaining to cancellation actions;
Illuminates the provisions pertaining to trademark infringement, including acts amounting to infringement, secondary liability, usage of signs, available defences and procedures and remedies (including the new remedy for groundless threat of infringement proceedings);
Criminal offences relating to trademark infringement (previously found under the Trade Descriptions Act 2011) are now consolidated and provided for under the Trademarks Act 2019;
Commercialisation of trademarks;
New provisions pertaining to the role and administrative procedure of trademark agents.
The overview is written by an expert and seasoned practitioner with vast knowledge and experience on matters relating to Intellectual Property law, who was accorded the accolade of the Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia.

This publication is an essential source for lawyers, all Intellectual Property practitioners, academics and students of law, and is invaluable in facilitating a good understanding of the new statutory regime regulating trademarks and related practices in Malaysia.

This publication provides in detail the law of confidential information which protects information including opinions and ideas that are precluded by copyright and other statutory regimes. The law of confidential information provides valuable protection not only to personal, commercial or industrial information but also to governmental or administrative information. This law has its importance particularly in the area of trade secrets and business information and gives protection to information that is not released to the public or part of the public domain. It also provides a basis of action for protection of privacy.

The publication further explains in great detail the aim of the particular area of law concerned, i.e. to act as a safeguard from exploitation of trade secrets, encroachments of privacy, misappropriation of confidential information without just cause and excuse and to protect national security and the government’s integrity. It protects both the owner and its secrets based on an equitable principle, that those who receive confidential information should not take advantage of them to the detriment of the confider or the owner of the information.

The publication also provides commentary on cases pertaining to the subject matter, with reference to the United Kingdom, Malaysia and other relevant jurisdictions.