Malaysian Specialist Intellectual Property and Construction Courts: Practice & Procedure

This is a professional guide on the practice and procedure at the specialist Intellectual Property and Constructions Courts of Malaysia. Intellectual property and construction cases are often considered as technical and complex, requiring in-depth understanding by the parties, their lawyers as well as judges too. Experts are also frequently involved. The principal object of the book is to demystify the practice and procedure in these specialist courts. The content has been structured in a methodical manner that is easily accessible and comprehensible to the reader.

Starting off with an introduction of the history, jurisdiction and powers of the specialist Intellectual Property and Constructions Courts, the book considers the causes of action and defences commonly encountered in both courts. It then delves in the writ action process from start to finish, including several typical interlocutory applications. Originating summons and appeals processes are also given careful treatment. Specifically for the Constructions Court, useful consideration is given to the arbitration and statutory adjudication-related processes.

Throughout the book, relevant Malaysian legislation and case authorities have been cited and discussed. Occasional references have been made to foreign cases to shed light on more difficult areas of practice. The book benefits from the professional expertise and experience of an author who brings with him years of legal practice and judicial experience. This book is useful for lawyers, law academicians, patent and registered design agents, trademark agents, architects, engineers, surveyors as well as building and engineering contractors.

Key Features

• Provides valuable guidance on the practice at the Intellectual Property and Construction Courts
• Presents helpful overview of the types of cases commonly encountered in these courts
• Contains clear analysis of the applicable law and procedure
• Includes Practice Directions relevant to the practice in these courts
• Presents instructive slides on civil litigation trial and advocacy
• Available on ProView only: extracts of key statutory provisions for easy reference