Indran Shanmuganathan is a Partner in the Intellectual Property & Technology Department at Shearn Delamore & Co. His practice spans over two decades which largely involves various spectrums of seasoned IP litigation including Patent, Trademark, Copyright, Domain Names disputes and Industrial Design cases where some of his litigated cases have provided reference or precedent value. He has also advised major industry players on IP strategies and litigated on IP issues with clients from diverse industries such as major renowned worldwide sporting bodies, pharmaceutical companies, automotive clients, clients from the service industry such as hotel chains, restaurants and various consumer product companies.
He regularly appears as lead counsel in complex and novel cases or appeals which encompass cutting edge IP issues in Malaysia’s apex court. He is often sought out for his specialist foresight into formulating litigation strategies and for IP startup and management issues. Indran was the lead counsel in a historic landmark case [Merck Sharp & Dohme Group & Anor v Hovid Bhd  9 CLJ 1] which successfully resulted in the extremely rare occurrence of the apex court overturning one of its previous decisions. Given that this feat has been achieved only six times in Malaysia’s history since 1967, he stands as the first IP lead counsel in the first IP case in Malaysia to achieve this credential. The outcome of the case has also created the buzz in the IP community and has been recognised and nominated as a globally impactful case in the patent industry setting the precedent standard at present for that relevant area in the law. He was also accorded with the accolade of the Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia and has earned worthy recognition in several leading global publications. He has also been approached to provide his insights by various publications and publishing houses on various aspects of IP law.
His non-contentious portfolio often sees him sought out for tailor-made niche advisory services to clients which include due diligence exercises, implementation of IP protection strategies, advisory, drafting and regulatory processes relating to IP, IT, and Tech, as well as Franchise Agreements. His experience further extends to pharmaceutical and food advertising, domain name disputes, licensing, sponsorship, and merchandising matters. He also provides advice on matters relating to personal data protection & privacy laws and on competition antitrust-related work in the area of compliance including the preparation of competition policy and competition dispute resolution.
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