he introduction of the Trademarks Act 2019 to pave the way for Malaysia to join the Madrid Protocol saw the repeal of the Trademarks Act 1976. The implementation of the Trademarks Act 2019 is a major change to the Malaysian trademark regime, bringing it in line with the trademark statutes in other major jurisdictions including the UK and Singapore. This publication, The Annotated Trademarks Act 2019, provides invaluable section-by-section annotations to the Trademarks Act 2019, throwing light on the application and interpretation of the provisions of the Act. It is certainly a resource which will greatly assist in the understanding and application of the new trademark system in Malaysia.

The key terms and phrases in each section are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy research with the inclusion of cross-reference from the provision being annotated to comparative provisions from other jurisdictions. The annotations should prove to be very useful for lawyers, judges, trademarks agents, court officers and law students. Written by a legal practitioner with vast knowledge and experience on matters relating to Intellectual Property Law and who was accorded the accolade of the Asia law Regional Award 2019 for Outstanding Practitioner in Malaysia, there is no doubt this publication will serve as an excellent reference which is insightful, practical, authoritative and enabling a confident understanding of the workings of the Act.

Key Features

• Section-by-section annotations to the Trademarks Act written in simple and straightforward style.
• Annotations supported by copious citation of case authorities.
• Procedural requirements stipulated by the Trademarks Regulations are included to supplement the workings of the Act.
• All defined terms are identified with direct cross-references to the provision where each definition is found.
• Comparative provisions from Singapore, UK and Australia Trademark statutes are provided where available to aid further research.
• Clear page guides assist the user to locate a specific provision or Part of the Act quickly and efficiently.
• Supplemented by detailed index for easy access to the annotations.
• Includes the full text of the Trademarks Regulations 2019

Chapter 1 – Introduction

Chapter 2 – Fraud–Definition Of

Chapter 3 – Misrepresentation–Definition Of

Chapter 4 – Undue Influence– Definition Of

Chapter 5 – Voidability Of Agreements Without Free Consent

Chapter 6 – Agreement Void Where Both Parties Are Under Mistake As To Matter Of Fact

Chapter 7 – What Considerations And Objects Are Lawful And What Not

Chapter 8 – Disputes As To Immovable Property

Chapter 9 – Breach Of Contract

Chapter 10 – Fraudulent Transfer

Chapter 11 – Effect Of Fraud Or Mistake

Chapter 12 – Nature Of Property Or Right – Effect Of Acknowledgment In Writing

Chapter 13 – Effect Of Payment On Account Of Debt Or Of Interst On Legacy